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DUI Wins

Our Recent Victories

Jan 10, 2007 Case: 07-CT-009168-XDK Judge Rice
The defendant was sleeping in a vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and bloodshot eyes. She failed the one leg stand as well as the walk and turn tests. She was arrested for DUI and blew a .163 in the breath machine.
The State dropped the DUI.
Jan 3, 2007 Case: 06-CT-030599ASB (TRIAL) Judge Marx
The defendant was stopped for crossing over lanes of traffic without signaling, hitting his brakes numerous times, and driving at different speeds. The officer observed an odor of alcohol, thick/slurred speech, and bloodshot eyes. The defendant was also argumentative with the officer. The defendant refused the roadside tests and breath test.
The defendant was found NOT GUILTY AT TRIAL.
Dec 20, 2006 Case: 06-9110MM10A Judge Ross
The defendant was involved in an accident whereby he struck a flatbed wrecker. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and appeared to be lethargic. Prior to the field sobriety tests he was swaying side to side and wobbling. On the walk and turn he failed to walk heel to toe and stepped off the line. On the finger to nose he failed to touch the tip of his nose and used the wrong hand. On the one leg stand he failed to keep his foot in the air. He was subsequently arrested for DUI. This was his SECOND DUI.
Motion granted DUI Dismissed.
Dec 9, 2006 Case: CTC-069970-XAN-TWS (JURY TRIAL) Judge Salton
The defendant was stopped driving with his high beams. The officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered as he exited the vehicle and was unsteady on his feet. He performed poorly on roadside tests. For example, he put his foot down numerous times on the one leg stand. On the walk and turn, he never touched heel to toe, used his arms for balance, and stepped off the line. The defendant also incorrectly recited the alphabet.
Dec 9, 2006 Case: CT-001448-XAM Judge Lefler
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to drinking and performed poorly on roadside tests. He blew a .109 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Dec 7, 2006 Case: 04-005134MM10A (JURY TRIAL) Judge Gehl
The defendant was seen driving 72mph in a 50mph zone. After the police put their lights on the defendant failed to pull over for approximately 1/2 of a mile. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform 3 field sobriety tests which were all on video. On the one leg stand the defendant could not raise his foot off the ground for more than 2 seconds. On the walk and turn test the defendant failed to touch heel to toe and took the improper number of steps. On the finger to nose test the defendant failed to touch the tip of his nose to the tip of his finger. He was arrested for DUI and blew a .086 in the breath machine.
The Jury found the defendant NOT GUILTY in 5 minutes.
Dec 6, 2006 Case: 04-25327MM10A Judge Diaz
The defendant was involved in an accident. While on scene, the officers observed an odor of alcohol, slurred speech, blood-shot eyes. While observing the defendant walk, he was very unsteady on his feet. The defendant admitted to drinking six beers to one of the officers and that he was the driver in the accident. The defendant was transported to the hospital where he refused to submit to a blood test.
The motion was granted and the statements made by the defendant were excluded from evidence. The State was unable to prove the defendant was the driver of the vehicle. The State dropped the DUI.
Dec 6, 2006 Case: 386248-W Judge Newman
The defendant was stopped for racing on the highway. The officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having some cranberry and vodkas. He performed poorly on roadside tests. For example, on the walk and turn, he raised his arms for balance and took the incorrect number of steps. On the one leg stand, the defendant put his foot down three times and raised his arms for balance. He was subsequently arrested for DUI.
The State dropped the DUI.
Dec 6, 2006 Case: 376783-W (JURY TRIAL) Judge Bloom
The defendant was stopped for making an illegal turn and almost colliding with a police officer. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After the defendant exited his vehicle, the officer noticed the defendant staggering as he walked. Based on these observations, he called for a DUI task force officer to conduct an investigation. Upon arrival, the DUI task force officer made observations that were consistent with driving under the influence. The officer conducted the eye test (HGN) and the defendant refused further testing. He was subsequently arrested for DUI.
The jury found the defendant NOT GUILTY in 15 minutes.
Dec 5, 2006 Case: 05-003174TCA02 Judge Damico
The defendant was involved in a crash which he flipped over on his motorcycle. He was transported to the hospital for his injuries. When the officer arrived at the hospital to investigate the crash, he observed the defendant to have an odor of alcohol, slurred speech, and severe balance problems. Blood was taken from the defendant which revealed a blood alcohol level of a .232.
The State dropped the DUI.
Nov 29, 2006 Case: 06-5179MM10A Judge Gehl
The defendant was stopped for swerving off of the roadway and onto the grass. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer noticed that the defendant held onto the door for balance. On the walk and turn test the officer stated that the defendant failed to walk heel to toe and stepped off the line. On the one leg stand he observed swaying from side to side. The defendant was arrested for DUI.
The State dropped the DUI on the morning of trial.
Nov 27, 2006 Case: 503631-W Judge McWhorter
The defendant was stopped for driving the wrong way on a one way street. When she exited the car the officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer wrote in the report that the defendant could hardly stand up. After performing the field sobriety tests she was arrested for DUI. The defendant subsequently blew a .189 in the breath machine.
The State dropped the DUI.
Nov 27, 2006 Case: 489550-X Judge Krieger-Martin
The defendant was stopped for running a red light and cutting off a police officer. The officer stated that the defendant fumbled while looking for his license and registration. He also observed an odor of alcohol and bloodshot eyes. On the finger to nose test he failed to touch the tip of his nose on 5 of the 6 attempts. On the one leg stand he put his foot down 5 times. The defendant was arrested for DUI.
The State dropped the DUI.
Nov 27, 2006 Case: 504325-W Judge Mills-Francis
The defendant was observed slumped over the wheel with vomit inside the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car he had great difficulty maintaining his balance. The defendant could not perform any field sobriety tests because he couldn't stay awake. He was arrested and blew a .186 in the breath machine.
The State dropped the DUI.
Nov 27, 2006 Case: 06-12987MM10A Judge Pollack
The defendant was observed slumped over the wheel of the vehicle with the engine running. The officer noticed a strong odor of alcohol as well as urine on the pants of the defendant. The defendant was also observed to be off balance. He was subsequently arrested for DUI.
The State dropped the DUI.
Nov 20, 2006 Case: 489358-X Judge Krieger-Martin
The defendant was stopped by the police after being found at a green light slumped over the wheel passed out. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After performing field sobriety tests, the defendant was arrested for DUI. He blew a .088 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Nov 16, 2006 Case: 377306-W Judge Krieger-Martin
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood shot-eyes. The defendant performed poorly on roadside tests according to the arresting officer and she admitted drinking beer. After the defendant's arrest for DUI, she blew a .104 in the breath machine.
The State dropped the DUI.
Nov 15, 2006 Case: 06-020693TCA04 Judge Cohen
The defendant was stopped for speeding and crossing the double yellow lines three times. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted drinking wine and beer. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant did not touch heel to toe numerous times and "wobbled" up and down the line. On the one leg stand, the defendant lost his balance numerous times and could not complete the test.
The DUI was dismissed.
Nov 9, 2006 Case: 286103-X Judge McWhorter
The defendant was stopped for driving the wrong way down a one way street. The defendant staggered out of her vehicle. The officer noticed bloodshot eyes, an odor of alcohol and slurred speech. The defendant refused field sobriety tests and blew a .205 in the breath machine.
The DUI was dismissed.
Nov 9, 2006 Case: 459701-X Judge Newman
The defendant was stopped for sleeping inside his vehicle on a railroad crossway. The officer noticed a strong odor of alcohol, slurred speech and bloodshot eyes. The defendant stumbled out of his vehicle and could not keep his balance. He failed each sobriety test and was arrested for DUI.
The DUI was dismissed.
Nov 5, 2006 Case: 05-025824TCAO4 Judge Corlew
The defendant was stopped for drifting on the road. The officer noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant admitted to four beers and two shots. He failed each sobriety test and was arrested for DUI.
The State conceded the motion and the case was DISMISSED.
Nov 1, 2006 Case: 05-34282TCA99 Judge Moyle
The defendant was stopped at a sobriety checkpoint. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking four beers. The defendant allegedly failed each field sobriety test and was arrested for DUI.
The DUI was dismissed.
Nov 1, 2006 Case: 2886-DKZ Judge Newman
The defendants vehicle was stopped for no apparent reason in a lane of travel. When the officer approached the driver he noticed an odor of alcohol, bloodshot eyes and a flushed face. Due to the physical indicators displayed by the defendant of the sobriety tests he was arrested for DUI. A drug evaluation was also done indicating that the defendant was under the influence of marijuana.
The DUI was dismissed.
Nov 1, 2006 Case: 04-21359MM10A Judge Berman
The defendant was stopped for speeding. Upon contacting the defendant the officer noticed bloodshot watery eyes, flushed face and an odor of alcohol. Upon exiting the car the defendant was extremely unsteady on her feet. She admitted to drinking a few New Castle and Guinness.
The State dropped the charges on the day of trial.
Oct 26, 2006 Case: 086194-J Judge Arzola
The defendant was involved in a crash whereby he rear-ended another car. The first trooper on the scene noticed an odor of alcohol, balance problems, weird behavior, and had to assist the defendant out of the car to the side of the road as he felt he was going to fall. A DUI officer was called who also observed and odor of alcohol. The defendant performed the HGN test (eye test) and walk and turn exercise. He was arrested for DUI and blew a .166 (over twice the legal limit) in the breath machine. This was the defendant's second offense.
The Judge found all the testimony contradictory, a complete lack of recollection, and overall not credible. The Judge GRANTED THE MOTION THROWING OUT ALL THE EVIDENCE. THE STATE SROPPED THE DUI.
Oct 25, 2006 Case: 05-016915TCA02 Judge Cohen
The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, slurred speech, and the defendant appeared confused. The defendant performed poorly on roadside tests. For example, on the one leg stand, the officer wrote the defendant put his foot down thirteen times. After his arrest for DUI the defendant refused the breath test.
The day before Jury Trial, the State DROPPED THE DUI.
Oct 23, 2006 Case: 411172-X Judge Lindsey
The defendant was stopped for driving the wrong way down a down a one way street. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to the scene and he made similar observations. The defendant performed poorly on roadsides and vomited in the back of the officer's patrol car. The defendant blew a .110 in the breath machine.
The State DISMISSED THE CASE on statute of limitations grounds.
Oct 19, 2006 Case: 1054-XCF Judge Lindsey
The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. Upon exiting the vehicle, the officer attempted to begin the DUI investigation. The defendant took off running with his child through the everglades. Police dogs and helicopters were called to locate the defendant in the swamp. The defendant was eventually caught and arrested for DUI among numerous other felony charges which were separated from the DUI count. This was the defendant's second DUI.
The State DROPPED THE DUI.
Oct 17, 2006 Case: 06-001459TCA04 (TRIAL) Judge Damico
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, red eyes, slurred speech, and slow movements. The defendant stated he drank two glasses of wine and was swaying throughout the encounter. The arresting officer had the defendant perform the walk and turn, finger to nose, alphabet, and finger count tests. According to the officer, the defendant performed poorly and arrested him for DUI. The defendant refused the breath test and this was his second DUI.
The defendant was found NOT GUILTY.
Oct 16, 2006 Case: 05-4204MM10A Judge Lerner-Wren
The defendant was stopped for driving at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the officer stated the defendant used the car door for support. The officer then called for a DUI officer who had a camera in his car. The DUI officer arrived and made similar observations as the first officer. He asked the defendant to perform field sobriety tests but he refused. The defendant was arrested for DUI.
The Motion was granted and the case was DISMISSED.
Oct 10, 2006 Case: 06-1775CTA1 Judge Yacucci
The defendant was stopped for failure to maintain a single lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant told the officer she was coming from Charlie's Happy Time Bar. The officer further observed slurred speech and that the defendant was swaying from side to side. She was unable to exit the car without holding onto the door for balance. The defendant refused to take any tests and was arrested for DUI. Since this was her second refusal she was charged with the crime of refusing a breath test.
The State dropped the DUI and the Judge dismissed the Refusal charge.
Oct 8, 2006 Case: 06-1676CT Judge Crown
The defendant was stopped for erratic driving while making a turn. His truck spun out 180 degrees. The officer's observed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officers. On the one leg stand, he put his foot down numerous times. On the walk and turn, he stepped off the line several times, missed heel to toe, and used his arms for balance. He was arrested for DUI and refused the breath test.
or to the motion, the STATE DROPPED THE DUI.
Oct 7, 2006 Case: 05-020025MM10A Judge Zack
The defendant was stopped at a sobriety checkpoint. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the walk and turn and one leg stand test. He stated that after she failed the sobriety tests he arrested her for DUI. She blew a .195 in the breath machine.
The DUI was dismissed.
Oct 7, 2006 Case: 2006-MM-00578-A Judge Fowler
The defendant was observed weaving on the road while driving a scooter. The officer noticed an odor of alcohol and bloodshot eyes. The defendant became violent and refused to participate in any sobriety testing. The defendant was arrested for DUI.
The State dropped the DUI.
Oct 7, 2006 Case: 501099-W Judge Newman
The officer was notified by the defendant's girlfriend that the defendant had two bottles of wine and was driving home drunk. The girlfriend then pointed out the defendant's car driving northbound. After stopping him the officer observed an odor of alcohol, bloodshot eyes, flushed face and rapid speech. Based on the high level of intoxication the defendant failed each of the sobriety tests. He was arrested for DUI and blew a .146 in the breath machine.
The State conceded the motion and dropped the DUI.
Oct 7, 2006 Case: 550931-X Judge Bloom
The defendant was stopped for running a red light. The defendant was unsteady on his feet and had to hold onto the door for balance. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn test the defendant lost his balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand he swayed and dropped his foot throughout the test. He was arrested for DUI and blew a .193.
The DUI was DISMISSED.
Oct 7, 2006 Case: 508647-X Judge Newman
The defendant was stopped for swerving and driving into oncoming traffic. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The officer stated that the defendant failed all 3 field sobriety tests and was arrested for DUI. She was arrested for DUI and blew a .270, .212 and a .240.
The State conceded the motion the DUI was DISMISSED.
Oct 4, 2006 Case: 05-000673MM10A Judge Robinson
The defendant was found slumped over the wheel by an FHP trooper on the side of the road. The defendant was unresponsive to the police in their numerous attempts to awaken him. The officer observed an odor of alcohol, slurred speech and he was very confused. The defendant was asked to perform roadside tests and performed very poorly. For example, on the walk and turn, he was unsteady, almost fell and missed heel to toe on almost every step. On the one leg stand, he used his arms to balance and dropped his leg at number five when he was supposed to go to thirty. The defendant stated he had three "Johnny Walker Black" drinks and he refused the breath test after his arrest for DUI.
The State dropped the DUI.
Sep 29, 2006 Case: 05-036804TCA08 Judge Eissey
The defendant was involved in a traffic crash where he was hit on his driver's side. Paramedics had to extract him from the car due to the door being stuck. The police officer noticed an odor of alcohol, unsteadiness, and the defendant appeared dazed. The defendant admitted having three drinks. He was transported to the hospital for his injuries. At the hospital, he refused to give blood to the officer and was subsequently arrested for DUI.
The State dropped the DUI.
Sep 28, 2006 Case: 2005-CT-023142 SC Judge Denkin
The defendant was stopped for almost hitting a vehicle at an intersection. Furthermore, the defendant almost struck a police car at the same intersection. The officer noticed an odor of alcohol, red eyes, and very slurred speech. A DUI officer was called to conduct roadside tests. The defendant was video taped at the scene and he performed very poorly on all the tests. In fact, the one leg stand test was stopped for the defendant's safety. This was the defendant's second offense and he refused the breath test.
The Judge granted the motion and threw out all the roadside tests from evidence. The State dropped the DUI.
Sep 27, 2006 Case: 06-TC-002155 Judge Legendre
The defendant was involved in a traffic crash in which the vehicle hit a guard-rail. The officer noticed an odor of alcohol and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .090 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Sep 25, 2006 Case: 508490-X Judge Lindsey
The defendant was observed driving through a stop sign. After conducting a traffic stop the officer noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to drinking 4 beers. On the one leg stand he dropped his foot on the ground several times. On the walk and turn he failed to touch heel to toe and lost his balance during the instructions. The defendant was arrested and blew a .140. A search of the car revealed a bag of marijuana.
After several contradictions in testimony the State dropped the DUI.
Sep 25, 2006 Case: 503705-W Judge Arzola
The defendant was involved in an accident with a police car. Once outside the vehicle the officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line, failed to walk heel to toe, and raised his arms for balance throughout the test. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. The defendant was arrested for DUI.
The State dropped the DUI.
Sep 25, 2006 Case: 508969-X Judge Mills-Francis
The defendant was stopped for running a red light. The officer noticed a flushed face, bloodshot eyes and an odor of alcohol. The defendant failed both the one leg stand and the walk and turn test. He was arrested for DUI and blew a .117.
The State dropped the DUI.
Sep 25, 2006 Case: 403782-X Judge Lindsey
The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol. The defendant failed 3 different roadside tests and blew a .119 in the breath machine.
The State dropped the DUI.
Sep 25, 2006 Case: 489281-X Judge Mills-Francis
The defendant was stopped for speeding and squealing his tires. The Sgt. observed a flushed face, bloodshot eyes and an odor of alcohol. On the one leg stand the defendant dropped his foot on number 5 and raised his arm throughout the test. On the walk and turn the defendant stepped off the line and failed to touch heel to toe.
The DUI was dismissed.
Sep 25, 2006 Case: 317020-X Judge Newman
The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. According to the officer, the defendant failed each of the field sobriety tests. She was subsequently arrested for DUI and blew a .195 in the breath machine.
The State dropped the DUI.
Sep 22, 2006 Case: 06-791-T Judge Bell
The defendant was involved in a rear end collision. The officer noticed an odor of alcohol, staggering, slurred speech, and blood-shot eyes. The defendant had blood all over his face and clothing. The defendant performed poorly on roadside tests and was arrested for DUI. He subsequently refused the breath test.
The State dropped the DUI.
Sep 20, 2006 Case: 06-021631TCA99 Judge Cohen
The defendant was stopped at a roadblock checkpoint. The officer noticed an odor of alcohol and blood-shot eyes. The defendant was unsteady and refused all roadside tests. The defendant also refused the breath test.
The DUI was dismissed.
Sep 19, 2006 Case: CT-OO1596-XAM Judge Barber
The defendant was seen pulling into a gas station by a police officer. He walked up to the officer to ask for directions. The officer noticed and odor of alcohol, unsteadiness, and blood-shot eyes. A DUI unit was called and the defendant performed roadside tests. According to the DUI officer, the defendant failed the tests. The defendant was arrested for DUI and subsequently refused the breath test.
The State dropped the DUI.
Sep 18, 2006 Case: 086831-J Judge Bloom
The defendant was stopped for speeding through a construction zone. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was completely unsteady and failed all roadside tests. He was arrested for DUI and blew a .171 in the breath machine.
The DUI was dismissed.
Sep 18, 2006 Case: 503667-W Judge Krieger-Martin
The defendant was stopped for driving the wrong way on a one-way street. The Sgt. observed a strong odor of alcohol, red watery eyes and slurred speech. On the walk and turn test the defendant lost his balance during the instructional phase and failed to walk heel to toe. On the one leg stand the defendant hopped throughout the test. The defendant was arrested for DUI and blew a .109 in the breath machine.
The State dropped the DUI.
Sep 18, 2006 Case: 297071-X Judge Lindsey
The defendant was stopped for speeding. The officer noticed bloodshot eyes and an odor of alcohol. The defendant fumbled while looking for his insurance and registration. He was completely unsteady on his feet and failed each field sobriety test. He was arrested for DUI and blew a .110 in the breath machine.
The State dropped the DUI on the morning of trial.
Sep 18, 2006 Case: 386013-W Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. A DUI officer arrived and offered field sobriety tests. On the one leg stand the defendant put his foot down 3 times. On the walk and turn test he failed to stay on the line. He was subsequently arrested for DUI and blew a .111.
The State dropped the DUI.
Sep 18, 2006 Case: 306671-X Judge Lindsey
The officer received a call from dispatch about a possible drunk driver on the highway. The officer located the vehicle and noticed that the defendant was unable to maintain a single lane. Even after activating his lights, the defendant failed to pull over immediately. After stopping, the defendant told the officer "I have only been drinking a little bit". The officer then called for a DUI officer to conduct the investigation. He observed a strong odor of alcohol and bloodshot eyes. He failed all field sobriety tests and was arrested for DUI. He blew a .126 in the breath machine.
The State dropped the DUI.
Sep 13, 2006 Case: 06-010476TCA04 Judge Damico
The defendant was stopped for almost striking a police car. The officer who made the traffic stop, observed an odor of alcohol, slurred speech, and poor coordination. The defendant told the stopping officer he drank several alcoholic beverages and appeared confused. A DUI officer was called to the scene and made similar observations. The defendant performed poorly on the roadside tests. He was arrested for DUI and refused the breath test.
After reviewing the two depositions, the State DROPPED THE DUI.
Sep 11, 2006 Case: 05-035774TCA02 (JURY TRIAL) Judge Damico
The defendant was stopped for speeding. The officer observed an odor of alcohol, "somewhat" slurred speech, blood-shot eyes, and unsteadiness. The defendant performed the walk and turn and one leg stand tests. On the walk and turn, the officer testified the defendant used his arms for balance, took an incorrect number of steps, and started the test too soon. On the one leg stand, the officer testified the defendant put his foot down three times and used his arms for balance. The defendant was arrested for DUI and BLEW A .123 IN THE BREATH MACHINE at the breath testing facility.
The Jury found the defendant NOT GUILTY IN TEN MINUTES.
Sep 11, 2006 Case: 06-CT-7948-XAM Judge Ober
The defendant was stopped by an officer when he observed her driving off the roadway. A citizen had also called the police that they saw the defendant driving erratically. The officer observed an odor of alcohol, watery-glassy eyes, and unsteadiness. The defendant performed poorly on roadside tests and was arrested for DUI. She refused the breath test after her arrest for DUI.
The State dropped the DUI.
Sep 10, 2006 Case: 05-10429MM10A Judge Ross
The defendant was stopped for cutting off a police officer and driving onto the sidewalk. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand the defendant dropped his foot 4 times. On the walk and turn he failed to walk on the line. He was arrested for DUI and blew a .111 in the breath machine.
Based on the exclusion of the breath and the lack of credibility of the officer, the State dropped the DUI.
Sep 5, 2006 Case: 05-002523MM10A Judge Robinson
The defendant was stopped for running a red light and drifting from side to side within his lane. According to the reports, the defendant did not stop and the officer had to activate his siren to get the defendant's attention. Once the defendant finally stopped, the officer noticed an odor of alcohol, a flushed face, and slurred speech. A DUI task force officer was called to conduct a DUI investigation. He made similar DUI observations in addition to observing blood-shot eyes on the defendant and that he appeared to be very slow in his movements. The defendant refused to perform the roadside tasks and he refused the breath test.
Just minutes before picking a jury on the case, the State dropped the DUI.
Sep 1, 2006 Case: 500639-W Judge Mills-Francis
The defendant was stopped for running a red light but continued to drive for four blocks after the officer put his lights on. When the officer approached the car, the defendant tightened his fists and took a defensive fighting stance. The officer observed an odor of alcohol and bloodshot eyes. The defendant's speech was slurred and his clothing was soiled. He was arrested for DUI and resisting without violence.
On the day of trial the state dropped both the DUI as well as the resisting without violence.
Sep 1, 2006 Case: 377455-W Judge McWhorter
The officer observed the defendant passed out in a vehicle with the engine running. He attempted to wake up the defendant but there was no response. After banging on the window he eventually woke up. When the door opened, the officers noticed an overwhelming odor of alcohol. The defendant lost his balance when he exited the car. As he spoke with the officers he was barely understandable. The officers also found marijuana in the car. After placing the defendant under arrest for DUI and possession of marijuana he told the officers that when he got out of jail he would hunt them down.
The state conceded the motion to suppress and dropped both the DUI and marijuana charges.
Sep 1, 2006 Case: 297129-X Judge Krieger-Martin
The defendant was stopped for drifting from lane to lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant was unsteady when he exited the vehicle. The officer asked the defendant to perform field sobriety tests. His response was "just take me to jail." He was arrested for DUI.
Rather than put the officer on the stand, the state dropped the DUI.
Sep 1, 2006 Case: 4605-CT-002924-A Judge Grinsted
The defendant was stopped for speeding. Once stopped, the officer observed slurred speech, an odor of alcohol, and a flushed face. He was unsteady as he exited the truck and he was swaying. The defendant refused the roadside tests and the breath test.
The State dropped the DUI.
Aug 31, 2006 Case: 468481-W Judge Lindsey
The defendant was involved in a crash in which he side-swiped another vehicle. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. While speaking with the officers, the defendant fell over into the grass area and needed support to stand. He performed poorly on all roadside tests and refused the breath test. He admitted to drinking vodka drinks. This was the defendant's second offense.
The State DROPPED THE DUI.
Aug 31, 2006 Case: 06-CT-005990 NC Judge Galen
The defendant was located by paramedics unconcious in his vehicle with the engine running blocking the roadway. The paramedics took the keys to the car prior the police arriving on scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed all roadside tests poorly. For example, on the one leg stand, he was so unsteady, the test had to be stopped for his safety. On the alphabet test, he could not state the alphabet in a correct manner. The defendant blew a .212 in the breath machine after his arrest for DUI.
The Judge granted the motion and threw out all the evidence. The DUI was dismissed.
Aug 22, 2006 Case: 06-CT-501645 Judge Dommerich
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred, and blood-shot eyes. The defendant had an open beer in his car. He performed poorly of roadside tests and staggered as he walked. The defendant blew a .153 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Aug 21, 2006 Case: 05-025450MM10A Judge Murphy
The defendant was stopped for driving over 100 miles per hour in a 35 mile per hour zone. The officers detected a "strange" odor from the defendant's breath, a dazed look, and slow motor movements. A DUI officer was called to the scene and the defendant agreed to perform field sobriety tests. On the walk and turn exercise, the defendant stepped off the line, paused to regain balance, and did not turn properly as instructed. On the finger to nose, the defendant hardly ever touched the tip of her nose and did not use the tip of her finger. The defendant refused both a breath and urine test.
On the morning of trial, the State DROPPED THE DUI.
Aug 14, 2006 Case: 05-014210MM10A Judge Zack
The defendant was stopped for driving 70-mph in a 45-mph zone. The officer noticed a strong odor of alcohol, bloodshot eyes and extremely slurred speech. The officer called for a DUI task force member. The DUI officer responded and made the same observations. He had the defendant perform field sobriety tests. On video the defendant was unable to perform any of the tests because he was clearly impaired. He was arrested for DUI and blew a .151 in the breath machine.
The motion was granted and the State dropped the DUI.
Aug 9, 2006 Case: 04-025288MM10A Judge Lazarus
The defendant was stopped for driving without headlights, weaving, and running a red light. The officer observed an odor of alcohol and a bottle of whiskey in the car. The defendant stumbled when he exited the car and leaned against the rear of the vehicle for support. He performed poorly on roadside tests. For example, on the one leg stand, he raised his arms for balance and could not keep his leg up past the number six. The defendant was arrested for DUI and blew a .107 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Aug 3, 2006 Case: CT-002395-XAM Judge Fernandez
The defendant was stopped for continuously swerving and driving over the lane markers several times. The officer noticed an odor of alcohol, slurred speech, and unsteadiness.
The State dropped the DUI.
Jul 31, 2006 Case: 06-CT-501508 Judge Volz
The defendant was stopped by police at a sobriety checkpoint. The officers noticed an odor of alcohol, slurred speech, blood-shot eyes, and the defendant fumbled when trying to locate his driver's license. Furthermore, the defendant stumbled upon being asked to exit his vehicle. He performed poorly on roadside tests according to the officers. The defendant refused the breath test.
The State conceded the motion prior to the motion hearing and DROPPED THE DUI.
Jul 26, 2006 Case: 06-00170MM10A Judge Ross
The defendant was stopped for speeding over a six block period. The stopping officer smelled a strong odor of alcohol and called a DUI task force deputy. The investigating officer also smelled an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking wine. On the walk and turn test he failed to touch heel to toe and stepped off the line. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. He was subsequently arrested for DUI.
Motion granted, all evidence was thrown out.
Jul 24, 2006 Case: 05-022086MM10A Judge Cowart
The defendant was stopped for driving 76mph in a 45mph zone. The trooper observed an odor of alcohol, bloodshot eyes and slurred speech. After exiting the car the defendant was swaying and unsteady on his feet. On the walk and turn test he failed to touch heel to toe on any step. He also fell off the line several times. On the one leg stand he dropped his foot and used his arms to balance himself. The defendant was arrested for DUI. This was his 2nd offense for DUI.
The State dropped the DUI on the morning of trial.
Jul 24, 2006 Case: 0378-EGW Judge Lindsey
The defendant was stopped for running a red light and speeding. When the officer made contact with the defendant he noticed an open Heineken in the front seat. He also observed an odor of alcohol and bloodshot eyes. On the one leg stand the defendant stepped off the line while failing to touch heel to toe. On the one leg stand the defendant put his foot down at 10 and simply didn't continue. On the balance test he estimated 60 seconds for 30 seconds. He was subsequently arrested for DUI.
The DUI was dismissed.
Jul 24, 2006 Case: 04-023717MM10A Judge Lazarus
The defendant was stopped for driving 112mph weaving in and out of traffic. The DUI deputy observed an odor of alcohol, bloodshot eyes, and a flushed face. On the walk and turn the defendant failed to walk heel to toe 6 times. On the one leg stand he dropped his foot 2 times. The defendant was arrested for DUI and he blew a .096.
On the morning of trial the State dropped the DUI.
Jul 24, 2006 Case: 0233-XAZ Judge Arzola
The defendant was observed sleeping in a vehicle. When the officers arrived, he woke up and vomited on himself. He told the officers that he had been drinking and was not aware he was involved in an accident. The officers observed a strong odor of alcohol, bloodshot eyes, and slurred speech. He was unable to perform any of the tests and almost fell several times. He told the officers that he was impaired. He was arrested for DUI and blew a .146 in the breath machine.
The State dropped the DUI.
Jul 19, 2006 Case: 05-026175MM10A Judge Murphy
The defendant was involved in a traffic crash. The crash investigator spoke with the parking valet who stated that he witnessed the defendant back his car into another vehicle at a high rate of speed. He also stated that the defendant clearly had too much to drink. The arresting officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 5-6 vodkas. On the one leg stand, the defendant dropped his foot five times and nearly fell backwards. On the walk and turn he was unable to perform the test. He was arrested for DUI and blew a .216 in the breath machine.
The State dropped the DUI on the morning of trial.
Jul 17, 2006 Case: CT-729029-X Judge Courtney
The defendant was stopped for an illegal u-turn, speeding, and abruptly changing lanes without using a signal. The officer observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant performed poorly on field sobriety tests such as the one leg stand, walk and turn and finger to nose. The defendant refused the breath test subsequent to his arrest for DUI.
The State dropped the DUI.
Jul 17, 2006 Case: 508419-X Judge Newman
The defendant was stopped by the police for obstructing traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. The defendant blew a .194 in the breath machine after his arrest for DUI.
On the morning of trial, the State DROPPED the DUI.
Jul 17, 2006 Case: CT-002081-XAM Judge Ober
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. Everything was captured on video at the scene. The defendant refused the breath test.
On the morning of jury trial, the State DROPPED the DUI.
Jul 17, 2006 Case: 468466-W Judge McWhorter
The defendant was stopped for speeding and weaving in and out of traffic. The officer noticed an odor of alcohol, flushed face, and blood-shot eyes. The defendant was asked to perform roadside tests. According to the officer, on the walk and turn test, the defendant stepped off the line, didn't touch heel to toe, and took the incorrect number of steps up the line. On the one leg stand, the defendant put his foot down and raised his arms for balance. He was arrested for DUI and subsequently refused the breath test.
The State dropped the DUI.
Jul 14, 2006 Case: 06-009685TCA08 Judge Moyle
The defendant was stopped for weaving on the roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech, and unsteadiness. The defendant admitted to drinking two glasses of wine and one vodka drink. The defendant performed poorly on field sobriety tests on video tape. For example, on the walk and turn, the defendant could not keep her balance and stepped off the line. On the one leg stand, she used her arms for balance, put her foot down, and did not count as instructed. After her arrest for DUI, the defendant blew a .117 in the breath machine.
The Judge GRANTED the motion to suppress and threw out all of the evidence.
Jul 14, 2006 Case: 05-020015 Judge Gehl
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. The officer also discovered marijuana on the defendant. She also admitted to taking anti-anxiety medication. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She subsequently blew a .084 in the breath machine and refused to give a urine sample.
The State dropped the DUI.
Jul 12, 2006 Case: 2005-CF-59168 (JURY TRIAL) Judge Holcomb
The defendant was stopped for driving off the roadway and weaving within his lane. The officer observed an odor of alcohol, mumbled speech, and balance problems. The defendant had to lean against his vehicle to prevent himself from falling. He performed poorly on roadside tests. For example, on the one leg stand he put his foot down three times, counted improperly, and swayed. After his arrest for DUI, the defendant refused the breath test. The defendant was charged with FELONY DUI as this was his FOURTH OFFENSE.
The Jury found the defendant NOT GUILTY.
Jul 12, 2006 Case: 06-009690MM10A Judge Cohen
The defendant was stopped for speeding and failing to use a turn signal. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A bottle of rum was found in the car and the defendant was very argumentative. The defendant refused the roadsides tests and the breath test.
On the morning of Jury trial, the State DISMISSED THE DUI.
Jul 11, 2006 Case: 04-026293MM10A (JURY TRIAL) Judge Zack
The defendant was stopped for speeding. When the officer turned on his police lights, the defendant did not stop immediately. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face. A DUI task officer was called to the scene to conduct a DUI investigation. The defendant performed the walk and turn and finger to nose test. All of the exercises were captured on video at the scene. The defendant was arrested for DUI and refused the breath test.
The jury found the defendant NOT GUILTY IN ELEVEN MINUTES.
Jul 8, 2006 Case: 266809-X Judge Arzola
The defendant was stopped for weaving five times. Once the officer stopped him, he noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn exercise, the defendant took the incorrect number of steps and did not walk heel to toe. After the defendant's arrest for DUI, he blew a .149 in the breath machine.
Based on Florida case law, the Judge GRANTED the motion to suppress and the State DROPPED THE DUI.
Jul 3, 2006 Case: 05-20324MM10A Judge Ross
The defendant was stopped for driving erratically and making a wide right turn. The stopping officer noticed an odor of alcohol, bloodshot eyes, slurred speech and slow movements. The defendant was unsteady when she exited the vehicle, and stumbled onto the grass. On the walk and turn test she couldn't walk more than three steps without stumbling. On the one leg stand test she put her foot down 3 times within the first 4 seconds. The defendant was subsequently arrested for DUI. At the breath facility she picked up a garbage can attempted to pee in it.
Motion granted, case dismissed.
Jul 3, 2006 Case: 05-002241MM10A (JURY TRIAL) Judge Cowart
The defendant was observed sitting at a green light while it cycled several times. The officer approached the vehicle and noticed that the defendant had bloodshot eyes and a flushed face. After rolling down the window the officer noticed a strong odor of alcohol. The defendant admitted to drinking 5 vodka tonics and being under the influence of alcohol. The arresting deputy stated that the defendant performed and failed the field sobriety tests. He was subsequently arrested for DUI. The defendant blew a .161 in the breath machine.
After the second witness testified at trial, the state dropped the DUI.
Jul 2, 2006 Case: 503623-X Judge McWhorter
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The officer asked the defendant to perform field sobriety exercises. On the one leg stand, the defendant put his foot down and raised his arms nine times for balance. On the finger to nose test, he never touched the tip of his nose. On the balance exercise, he swayed five to six inches and estimated seventeen for thirty seconds. The defendant refused the breath test.
On the afternoon of trial and just before jury selection, the State dropped the DUI.
Jun 26, 2006 Case: 289859-X Judge Bloom
The defendant was involved in a rear-end accident. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. Upon exiting the car he was swaying back and forth holding onto the door for balance. Because of the obvious and extreme intoxication, field sobriety tests were not conducted. The defendant was arrested for DUI and blew a .219 in the breath machine.
The State dropped the DUI on the morning of trial.
Jun 26, 2006 Case: 2006-CT-3158-0 Judge Wixtrom
The defendant was stopped for making a left turn from the center lane cutting off another car. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to taking Lexipro as well as another drug consistent with anxiety. The defendant performed the walk and turn test as well as the one leg stand. On the walk and turn test the defendant failed to walk in a straight line, failed to walk heel to toe, and took the wrong number of tests. On the one leg stand test the he dropped his foot and counted incorrectly. The defendant was arrested for DUI and provided a urine sample for the drugs.
The DUI was Dismissed.
Jun 23, 2006 Case: 05-035786TCA99 Judge Marx
The defendant was stopped for driving northbound across the front lawn of the Greenacres Police Department. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted he was coming from a bar and he had 3 grey goose and sours. The officer took the defendant inside the police station to conduct the investigation. As he walked down the hall staggering and swaying. After performing three field sobriety tests the defendant was arrested for DUI. He blew a .095 in the breath machine.
The State conceded the motion and dropped the DUI.
Jun 22, 2006 Case: 05-009168MM10A Judge Murphy
The defendant was involved in a rollover crash. She was wobbly exiting the vehicle. During a conversation with the investigating officer her speech was extremely slurred and she had mood swings. The Trooper noticed a strong odor of alcohol and bloodshot eyes. The defendant was arrested for DUI and blew a .131 in the breath machine.
The motion was granted and the case was DISMISSED.
Jun 21, 2006 Case: 05-001709CF10A Judge M. Kaplan
The defendant lost control of his vehicle, drove across 3 lanes of traffic and crashed into a construction truck. The officer noticed a "very" strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. After exiting the vehicle the defendant was stumbling all over the roadway. Because this was a 4th offense the defendant was charged with felony DUI and DUI property damage.
The state conceded the motions and dropped both the felony DUI as well as the DUI with property damage.
Jun 20, 2006 Case: 05-018784TCA02 (JURY TRIAL) Judge Corlew
The defendant was passed out behind the wheel of his car with the engine running. The officer observed an odor of alcohol, bloodshot eyes and he was drooling all over his face. After exiting the car the officer stated that the defendant was stumbling all over the place. The defendant refused to perform all sobriety tests and was arrested for DUI. This was the defendant's 3rd DUI.
The Jury found the defendant NOT GUILTY.
Jun 18, 2006 Case: 05-010429MM10A Judge Ross
The defendant was stopped for hitting the curb several times and driving onto the sidewalk. The officer noticed a flushed face and a strong odor of alcohol. The defendant admitted to drinking scotch. The officer stated that the defendant failed all of the roadside tests and was arrested for DUI. The defendant blew a .111 in the breath machine.
The motion was granted and the breath test was thrown out.
Jun 15, 2006 Case: 05-012730MM10A Judge Murphy
The defendant was stopped for driving in and out of traffic going 115mph in a 65mph zone. The DUI task force officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant was asked to exit the vehicle and was completely unsteady. After the eye test he was arrested for both DUI and Reckless Driving. The defendant blew a .148 in the breath machine after his arrest for DUI. This was his 2nd DUI.
After the motion the state conceded and dropped the DUI.
Jun 14, 2006 Case: 2005CT023142SC Judge Denkin
The investigating officer first noticed the defendant cut off another car while attempting to make a u-turn. The defendant then proceeded to make the u-turn, this time cutting off the officer. He then activated his lights and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot eyes and extremely slurred speech. While exiting the car he was noticeably unsteady on his feet. During a conversation with the officer, the defendant admitted to taking medication as well as drinking. The officer had him perform field sobriety tests. The video clearly showed that the defendant was unable to perform any of the exercises and was subsequently arrested for DUI. This was his 2nd DUI. It should be noted that our firm took over the case after the defendant's first lawyer told him to plead guilty.
The Court agreed, the motion was granted and the field sobriety tests were thrown out.
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