Our Recent Victories

May 20, 2004 Case: 03-021434MMA99 Judge Damico

Facts:

The defendant was stopped after allegedly failing to yield to a police officer’s vehicle. Once stopped, the officer noticed an odor of alcohol and slurred speech. Another officer was called to the scene to administer field sobriety exercises. The officer was in training and this was her second DUI investigation. She observed the defendant to stagger as he walked and perform poorly on roadside tests. The defendant was arrested for DUI and refused the breath test. This was the defendant’s second offense and marijuana was also found in the car.

Result:

Motions granted. The State dismissed the DUI and Marijuana charges.

May 17, 2004 Case: 575347-X Judge Prescott

Facts:

The defendant was involved in an accident in which she ran into a house. The person who owns the house came outside and told her to stay and wait for the police. The defendant took off and was stopped in her car by another person in the neighborhood. She was detained by that person until the police arrived. When the police arrived, she told them she had been drinking and had taken Xanax. The officers observed balance problems, slurred speech, and odor of alcohol. She performed poorly on roadside tests. She refused to take the breath test. She was charged with DUI and Leaving the scene of an accident.

Result:

The State dropped the DUI.

May 14, 2004 Case: 04-515MM10A Judge Levenson

Facts:

The defendant was stopped for swerving all over the road and hitting a curb. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all roadside tests and was arrested for DUI. He subsequently blew a .186 and told the officers he had 6 icehouse beers. This was his 2nd DUI.

Result:

The Judge dismissed the charges.

May 8, 2004 Case: 03-011382MM10A Judge Zack

Facts:

The defendant was stopped for weaving on the roadway. The officer noticed an odor of alcohol and bloodshot eyes. The officer stated that the defendant performed poorly on all roadside tests. She was subsequently arrested for DUI and blew a .110 in the breath machine.

Result:

The State dropped the DUI.

May 4, 2004 Case: 316853-X Judge Bloom

Facts:

An anonymous caller called stating the defendant was driving erratically through the parking lot at a shopping center. The officer subsequently stopped the vehicle. The officer observed no traffic infraction and no erratic driving pattern. The officer observed the defendant to have an odor of alcohol, slurred speech, and the defendant appeared off balance. The defendant performed poorly on roadsides and he had marijuana in the car. He blew a .256 in the breath machine.

Result:

The DUI was dismissed.

Apr 22, 2004 Case: 03-004192MM10A Judge Diaz

Facts:

The defendant’s vehicle was stopped for swerving off the road. The officer stated that the defendant and another person in the vehicle switched seats. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. According to the officer, the defendant failed all roadside tests. She was arrested and blew a .103 in the breath machine.

Result:

The State dropped the DUI.

Apr 21, 2004 Case: 02-010912MM10A Judge Robinson

Facts:

The defendant was stopped for almost colliding with 2 pedestrians. Inside his vehicle was a bottle of alcohol. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant was arrested and blew a .101 in the breath machine.

Result:

The State dropped the DUI.

Apr 11, 2004 Case: 2004-CT-8527-0 Judge Martinez

Facts:

The defendant was stopped in Orlando for failure to maintain a single lane for allegedly driving off the roadway on the grass one time. The trooper observed an odor of alcohol, thick tongued speech and balance problems. He performed poorly on roadside tasks on video and blew a .124 in the breath machine.

Result:

Just prior to the motion hearing, the State conceded the motion after reviewing the applicable Florida case law. The DUI was dismissed.

Apr 6, 2004 Case: 04-003395MM10A Judge Murphy

Facts:

Officers came in contact with the defendant and observed an odor of alcohol on the defendant’s breath, slurred speech and blood shot eyes. After performing poorly on all field sobriety tests, the defendant was arrested for DUI and blew a .18 in the breath machine.

Result:

The DUI was dismissed.

Apr 3, 2004 Case: 03-10959MM10A Judge Cowart

Facts:

The defendant was stopped for brake light not functioning. The defendant used her vehicle to exit and was unsteady while walking. She had two open bottles of beer in the car. She had an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. She failed all roadside tests and was arrested for DUI. The defendant blew a .218. (2nd offense)

Result:

After the argument, the prosecutor conceded the motion. The DUI was dropped.

Mar 29, 2004 Case: 306336-X Judge Figarola

Facts:

The defendant was stopped for weaving and driving without headlights. The officer observed unsteadiness, an odor of alcohol, and slurred and mumbled speech. He refused roadsides stating, "I’m drunk, just arrest me and get this over with." That was according to the officer. He refused to take a breath test.

Result:

The State dropped the DUI.

Mar 29, 2004 Case: 8365-BYS Judge McWhorter

Facts:

The defendant was stopped for weaving and driving 25 mph in a 55 mph zone. The defendant had slurred speech and was unsteady on his feet. He performed poorly on roadsides. The officer believed the defendant was impaired by drugs. A Drug recognition exam was conducted and the Officer concluded the defendant was impaired by marijuana.

Result:

The State dropped the DUI.

Mar 24, 2004 Case: 456379-W Judge Newman

Facts:

The defendant was stopped by police when he was slumped over the wheel in the roadway. The officers observed an odor of alcohol, slurred speech, and he was uncooperative. He refused roadsides and refused a breath test. His license was also suspended and it was his 2nd offense.

Result:

The State dropped the DUI.

Mar 22, 2004 Case: 411123-X Judge Bloom

Facts:

The defendant was stopped for speeding. The officer who stopped him observed the defendant to be unsteady, have an odor of alcohol on his breath and slurred speech. According to the officer the defendant failed every field sobriety test. After being placed under arrest for DUI, he subsequently refused a breath test.

Result:

The State dropped the DUI.

Mar 22, 2004 Case: 082951-J Judge Bloom

Facts:

The defendant was on the side of the road because his car caught on fire. During a conversation with the Trooper, the defendant admitted to driving and drinking wine. The Trooper stated that the defendant could not even stand up. Several roadsides were conducted and according to the Trooper the defendant failed all of them. He was arrested, and subsequently blew a .202 in the breath machine.

Result:

The State dropped the DUI.

Mar 5, 2004 Case: 574510-X Judge Pando

Facts:

The defendant was stopped for running a red light. Once stopped, the officer observed an odor of alcohol, bloodshot eyes. The defendant was also observed tripping over his feet when he walked. A DUI officer was called out to conduct the investigation. According to the officer, the defendant performed poorly on roadside tests and was subsequently arrested for DUI. He refused a breath test. This was the defendant’s 2nd offense.

Result:

The State dropped the DUI.

Feb 25, 2004 Case: 03-018435MM10A Judge Murphy

Facts:

The defendant was seen passed out behind the wheel of the car in the middle of the roadway. The defendant was completely intoxicated and could not perform one exercise. He was arrested and blew a .178 in the breath machine.

Result:

The state dropped the DUI rather than putting the deputy on the witness stand.

Feb 25, 2004 Case: 01-9748MM10A Judge Gehl

Facts:

A deputy approached the defendant’s car in a parking lot and told him not to drive. The defendant was seen driving soon after the encounter. The deputy stopped the defendant for the second time and observed an odor of alcohol, bloodshot eyes and some unsteadiness when he exited the car. The deputy concluded that the defendant failed the roadside tests and arrested him for DUI. The defendant blew a .098 into the breath machine.

Result:

At trial, after the prosecutor called their last witness, the defense argued a motion to suppress based on the poor testimony of the arresting officer. The motion was granted. All evidence was thrown out.

Feb 23, 2004 Case: 7409-BYS Judge Bloom

Facts:

The defendant was stopped for swerving. The officer observed an odor of alcohol, blood shot eyes and the defendant was unsteady on his feet. The defendant performed poorly on field sobriety tests. The defendant also submitted to a Drug Recognition Exam.. Believing the defendant has taken drugs, a urine test was requested. He tested positive for cocaine.

Result:

The State dropped the DUI.

Feb 18, 2004 Case: 03-018376TCA04 Judge Damico

Facts:

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and said he was off balance exiting the car. The defendant performed poorly on roadsides in that he stepped off the line a number of times, put his foot down numerous times on the one leg stand, and mixed up letters in the alphabet. He refused a breath test.

Result:

The DUI was dismissed.

Feb 17, 2004 Case: 9501-BYP Judge McWhorter

Facts:

The defendant was involved in an accident. The officer on scene noticed the defendant to be off balance, have a flushed face, and mumbled speech. The defendant performed very poorly on roadsides. The defendant was arrested for being impaired by some type of chemical or controlled substance. Urine was requested by a drug recognition expert officer at the station in which the defendant tested positive for cocaine, marijuana, and alprazolam.

Result:

The State dropped the DUI.

Feb 11, 2004 Case: 04-007656MM10A Judge Feiner

Facts:

The defendant was stopped when police observed her traveling over the posted speed limit. She did not stop at the direction of the officers. The officers then chased her until she was finally stopped. Once detained by the officers, they observed an odor of alcohol. She became abusive towards the officers and she was subsequently arrested for fleeing and eluding a police officer and DUI. She refused to take the breath test.

Result:

The State dropped the DUI.

Feb 8, 2004 Case: 413949-X Judge Krieger-Martin

Facts:

The defendant was stopped for having an illegal tint on her window. Once stopped, the officer noticed an odor of alcohol, slurred speech, and that the defendant staggered while she walked. Another officer was called to the scene to conduct field sobriety exercises. He stated the defendant performed poorly and she was arrested for DUI. She refused the breath test.

Result:

The DUI was dismissed.

Feb 8, 2004 Case: 265578-W Judge Krieger-Martin

Facts:

The police responded to a call about a driver who was passed out behind the wheel of a vehicle. When the police arrived, the defendant was slumped over wheel on his own driveway. The officers awoke the defendant and observed an odor of alcohol, slurred speech, and the defendant could not even stand up without assistance. He refused the breath test.

Result:

The DUI was dismissed.

Jan 27, 2004 Case: 02-029249TCA04 (JURY TRIAL) Judge Moyle

Facts:

The defendant was stopped by an officer while on the side of the road. A call had gone out about a sick or injured driver. The officer who arrived on the scene stated that the defendant was sitting in the driver’s seat with the keys in the ignition. The officer observed an odor of alcohol, slurred speech, and the defendant to be unsteady on his feet. A DUI officer was called and the defendant performed poorly on all roadside tests. Blood was subsequently drawn and the defendant’s blood alcohol level was a .19.

Result:

NOT GUILTY (in fifteen minutes).

Jan 22, 2004 Case: 03-007098TCA04 Judge Damico

Facts:

The defendant was stopped for speeding and weaving. He almost struck two vehicles as he left his lane of travel. The officer observed slurred speech, an odor of alcohol, and the defendant staggered throughout the investigation. The defendant did not perform field sobriety exercises due to the fact he told the officer he had back injuries. He refused a breath test.

Result:

The State dropped the DUI prior to trial.

Jan 11, 2004 Case: 131995-W Judge Figarola

Facts:

The defendant was stopped for driving across three lanes of traffic and almost striking another vehicle. The officer observed and odor of alcohol, slurred speech and glassy eyes. According to the officers, he used the car for balance and became verbally abusive towards the officers. He refused the roadside tests and refused the breath test.

Result:

The State dropped the DUI.

Jan 9, 2004 Case: 02-029205MM10A Judge Cowart

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .154 in the breath machine.

Result:

The State conceded the motion.

Jan 7, 2004 Case: 250999-W Judge Newman

Facts:

The defendant was stopped for loud music coming from his car. When the officer approached his car, he smelled an odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety exercises. The defendant refused to take the breath test.

Result:

The State dropped the DUI.

Jan 3, 2004 Case: 245831-W Judge Pando

Facts:

The defendant was involved in an accident where he rear ended another vehicle. He could not perform roadside tasks due to his level of intoxication. The officers observed an odor of alcohol, bloodshot eyes, the defendant almost falling, and slurred speech. The defendant blew a .162 in the breath machine.

Result:

The State dropped the DUI.

Jan 3, 2004 Case: 245111-W Judge Haigh

Facts:

The defendant was sitting behind the wheel of his vehicle in the inside lane of traffic next to the curb. When the officer pulled up, he had his overhead lights flashing. He subsequently ordered the defendant out of the car. He made no DUI observations until the defendant was outside of the vehicle. He testified that the defendant was sleeping in the car and that he took the keys out of the ignition. A DUI officer was called who observed the defendant to be unsteady, have an odor of alcohol, and blood shot eyes. He performed very poorly on all of the sobriety tasks. He refused a breath test. (this was his 2nd offense).

Result:

The motion was granted and all of the evidence was thrown out. The State dropped the DUI.

Dec 30, 2003 Case: 413710-X Judge McWhorter

Facts:

The defendant was found by the police passed out in his vehicle in the middle of the road. He had just left the scene of an accident. The defendant was unsteady, had slurred speech, and an odor of alcohol on his breath. He was also charged with leaving the scene of an accident. The defendant was given the eye test (HGN). He refused the breath test.

Result:

The State dropped the DUI.

Dec 17, 2003 Case: 250738-W Judge Pando

Facts:

The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant appeared to be unsteady. The defendant refused the breath test and all roadsides except HGN (the eye test).

Result:

The State dropped the DUI.

Dec 17, 2003 Case: 03-013971MM10A Judge Murphy

Facts:

The defendant was stopped for driving carelessly through a parking lot squealing his tires. Upon exiting the vehicle the defendant was unsteady on his feet. The defendant had bloodshot eyes, slurred speech and an odor of alcohol. The defendant refused to answer any questions or provide any tests.

Result:

The State dropped the DUI.

Dec 12, 2003 Case: 02-029129MM10A Judge Gehl

Facts:

The defendant was stopped driving through a checkpoint. The defendant had watery eyes, and was unaware of his surroundings. The defendant was unsteady on his feet and failed all sobriety tests. When the officer asked the defendant to touch the tip of the pen he was unsuccessful. The defendant refused a breath test.

Result:

Motion granted. Case Dismissed.

Nov 12, 2003 Case: 03-010459MM10A Judge Murphy

Facts:

The defendant was stopped going through a checkpoint. The officer noticed bloodshot watery eyes, slurred speech and an odor of alcohol. The defendant admitted to drinking 5 beers, failed all roadside sobriety tests, and blew a .138 in the breath machine.

Result:

The court granted the motion. The case was dismissed.

Nov 8, 2003 Case: 395118-W Judge Mills-Francis

Facts:

The defendant was stopped for weaving in and out of traffic. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on roadsides. This was the defendant’s 2nd offense. The defendant blew a .104 in the breath machine.

Result:

The State dropped the DUI.

Nov 8, 2003 Case: 574473-X Judge Hernandez

Facts:

The defendant was stopped for throwing a bottle of alcohol out of his window. The initial officer observed the defendant to have an odor of alcohol and a blank stare. When the DUI officer arrived , the defendant could not follow any instructions and could not comprehend anything. He was unable to perform any sobriety tests. He refused a breath test. This was the defendant’s 2nd offense.

Result:

The State dropped the DUI.

Oct 30, 2003 Case: 03-4852MM10A Judge Zack

Facts:

The defendant was stopped for driving over the curb and accelerating his tires while in a drive thru. The officer noticed blood shot eyes, flushed face, slurred speech and an odor of alcohol on his breath. The defendant was unable to complete any of the roadside sobriety tests. He was arrested for DUI and blew a .16 in the breath machine. This was his 2nd offense for DUI.

Result:

The motion was granted and all evidence was thrown out.

Oct 29, 2003 Case: 02-029129MM10A Judge Gehl

Facts:

The defendant was stopped while entering through a checkpoint. The defendant told the officer he had been drinking, and as he exited the car he was swaying in a circular direction. The defendant told the officer he was in Miami even though he was in Pembroke Pines. The defendant failed all roadside tests and was arrested for DUI. A bag of marijuana was found in the vehicle.

Result:

The Motion was granted and all evidence was thrown out.

Oct 28, 2003 Case: 02-030555TCA04 Judge Damico

Facts:

The defendant was stopped for running a red light and nearly colliding with an officer. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. According to the officer she performed poorly on the roadside sobriety tests and subsequently blew a .097 in the breath machine after being arrested.

Result:

The State dropped the DUI.

Oct 28, 2003 Case: 03-004305MM10A Judge Lerner-Wren

Facts:

The defendant was stopped for having an unlawful tag. Upon stopping the defendant, the officer noticed a bottle of liquor in the car. The defendant exhibited bloodshot eyes, flushed face and an odor of alcohol. She performed poorly on the roadside sobriety tests and was arrested for DUI. She blew a .120 in the breath machine.

Result:

The State dropped the DUI.

Oct 27, 2003 Case: 388153-W Judge Pando

Facts:

The defendant was stopped for driving off the roadway onto the grassy swale. After being stopped, the officer observed an odor of alcohol, slurred speech, and the defendant appeared to be off balance. The defendant performed poorly on roadsides and blew a .144 in the breath machine.

Result:

The Judge Granted the motion and threw out all the evidence.

Oct 14, 2003 Case: 03-022793TCAO4 Judge Gerber

Facts:

The defendant was stopped for driving on the wrong side of the road almost striking the officer head on. The defendant was unsteady, eyes bloodshot, and she had an odor of alcohol on her breath. She performed poorly on all roadsides.

Result:

The State dropped the DUI.

Oct 14, 2003 Case: 060919-J Judge Newman

Facts:

The defendant was involved in an accident. The officer observed an odor of alcohol, slurred speech, unsteadiness, and the defendant performed poorly on the sobriety tests. He blew a .13 in the breath machine.

Result:

The State dropped the DUI.

Oct 12, 2003 Case: 03-009416MM10A Judge Murphy

Facts:

The defendant sat through 2 cycles of lights without moving. In addition, the defendant failed to put her lights on. The officer noticed bloodshot eyes, flushed face and an odor of alcohol. She stated she was coming home from a bar. The defendant failed all roadside sobriety tests and had mood swings throughout the investigation.

Result:

The State dropped the DUI.

Oct 2, 2003 Case: 574680-X Judge Figarola

Facts:

The defendant was observed driving at a slow rate of speed and failing to maintain a single lane. The defendant was observed to have slurred speech and odor of alcohol on her breath. She performed several roadsides poorly and was arrested for DUI. She blew a .181 in the breath machine.

Result:

The State conceded and dropped the DUI.

Sep 30, 2003 Case: 63-2003-CT-0063-A Judge Reiman

Facts:

The defendant was involved in a one car accident. When the first officer arrived he observed the defendant to have an odor of alcohol. The location of the defendant was unknown. The defendant was taken to the hospital in which a blood draw was conducted. The defendant’s blood alcohol reading was .256 (over three times the legal limit.)

Result:

The State dropped the DUI.

Aug 29, 2003 Case: 03-015799MM10A Judge Berman

Facts:

The defendant was stopped for driving with an unauthorized blue light on his motorcycle as well as an invalid tag. The officer noticed an odor of alcohol, bloodshot eyes and his speech was extremely slurred and thick tongued. The defendant complained of feeling dizzy and immediately sat down. He refused to complete any tests and was arrested for DUI.

Result:

The State dropped the DUI.

Aug 28, 2003 Case: 03-003895MM10A Judge Feiner

Facts:

The defendant was stopped for driving 95 mph on 1-75. The officer smelled a strong odor of alcohol coming from the defendant and could not complete any of the field sobriety tests. The officer said the defendant almost fell down on the road. He was arrested for DUI and blew a .157. It was the defendant’s 3rd DUI.

Result:

Motion Granted. The State dropped the DUI.

Aug 19, 2003 Case: 03-017322TC10A Judge Feiner

Facts:

The defendant was stopped for driving 103mph on 1-95. The defendant was arrested for driving on a DUI suspension.

Result:

The charge was dismissed.

Aug 12, 2003 Case: 245581-W Judge Kreiger-Martin

Facts:

The defendant was involved in an accident whereby he allegedly was hit by a man on a scooter. The man on the scooter left the scene prior to the officers arriving. Upon arrival, the defendant admitted to being the driver and after the officer noticed an odor of alcohol and unsteadiness, the defendant was asked to submit to field sobriety tests in which he performed poorly. After being arrested for DUI, the defendant blew a .236 in the breath machine.

Result:

The State dropped the DUI.

Aug 12, 2003 Case: 245333-W Judge Figarloa

Facts:

The defendant stopped to ask the officer for directions. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She was unsteady on her feet and performed poorly on all field sobriety tests. The officer had to explain the instructions several times. The defendant refused to take a breath test.

Result:

The State dropped the DUI.

Aug 7, 2003 Case: 03-001280TCA99 Judge Gerber

Facts:

The defendant was stopped for speeding. Once stopped, the deputy observed an odor of alcohol and bloodshot eyes. The defendant admitted to having five beers. He then performed roadsides on video. He was arrested an blew a .098 in the breath machine.

Result:

The State dropped the DUI.

Aug 4, 2003 Case: 02-002002MM10A Judge Trachman

Facts:

The defendant was stopped for driving the wrong way on A1A. The defendant performed below standards on the field sobriety tests and subsequently blew a .098 on the intoxilyzer.

Result:

The State dropped the DUI just before trial.

Jul 21, 2003 Case: 265806-W Judge Reyes

Facts:

The defendant was involved in a multi car accident and charged with 9 counts of DUI person and property damage. Some of the victims were ejected from their vehicles. At the scene, the defendant’s blood was taken with a result of .276.

Result:

The State dropped all 9 counts of the DUI\DUI Property\Personal injury Damage.

Jul 18, 2003 Case: 02-001554MM10A Judge Trachman

Facts:

The defendant was stopped for unlawfully screeching his tires. The deputy noticed bloodshot eyes, slurred speech and an odor of alcohol. The defendant failed all roadside tests and was arrested for DUI. The defendant told the deputy he was going to get a gun and shoot him if he ever saw him on the street. He blew a .091.

Result:

The State dropped the DUI. (This was the 2nd time the defendant was arrested for DUI. The firm won both cases.

Jul 16, 2003 Case: 02-015570MM10A Judge Lazarus

Facts:

The defendant was stopped for driving recklessly. The officer made several observations that he believed were consistent with DUI. He was subsequently arrested for DUI.

Result:

The State dropped the DUI after conceding that the officer lacked credibility.

Jul 15, 2003 Case: 574738-X Judge Figarola

Facts:

The defendant was involved in an accident in which he crossed into the opposite lane of travel and hit a police officer. The defendant had an odor of alcohol, fumbled with his driver’s license, and low speech. The officers stated that the defendant was unsteady on his feet. The defendant performed poorly on roadsides and was arrested for DUI.

Result:

The State dropped the DUI.

Jul 14, 2003 Case: 265994-W Judge Newman

Facts:

The defendant was stopped for running a stop sign and driving erratically. The officer who stopped him stated he observed slurred speech, and an odor of alcohol. The defendant was allegedly off balance. The arresting officer only did two roadsides. The defendant refused to give a breath sample.

Result:

The State dropped the DUI.

Jul 10, 2003 Case: 1746, 47-BZD Judge Newman

Facts:

The defendant was involved in an accident. The officer noticed an odor of alcohol, slurred speech, and the defendant had difficulty standing up without assistance. The officer ordered that his blood be drawn and his results were .314 (almost four times the legal limit). Depositions of all the officers were taken in the case.

Result:

The State dropped the DUI.

Jun 30, 2003 Case: 395104-W Judge Bloom

Facts:

The defendant was stopped outside a club due to an alleged altercation inside the bar. Once stopped, the officers observed slurred speech, an odor of alcohol, and bloodshot eyes. The defendant performed poorly on roadsides and blew a .247 into the breath machine.

Result:

The State dropped the DUI.

Jun 16, 2003 Case: 051894-W Judge Krieger-Martin

Facts:

The defendant was involved in an accident. He was unsteady on his feet, had slurred speech, and an odor of an alcoholic beverage. The defendant performed poorly on roadsides and blew a .11 in the breath machine.

Result:

The State dropped the DUI.

Jun 3, 2003 Case: 01-009909MM10A Judge Diaz

Facts:

The defendant was stopped at a sobriety checkpoint. He was asked to perform field sobriety tests which he allegedly failed, and blew a .165 on the intoxilyzer.

Result:

The motion was stipulated to by the State, and the DUI was dropped.

Jun 1, 2003 Case: 317747-X Judge Figarola

Facts:

The defendant was observed by the officer driving without his head lights. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. The defendant refused to take a breath test.

Result:

The State dropped the DUI and the defendant received no conviction for any crime on his record.

May 27, 2003 Case: 342099-W Judge Mills-Francis

Facts:

The defendant was stopped for speeding. The speeding occurred in Surfside, however, the defendant was stopped in Bal Harbor. A North Bay Village officer responded to conduct the DUI investigation. The defendant performed poorly on the roadsides and blew a .131 on the Breath machine.

Result:

The State dropped the DUI.

May 19, 2003 Case: 317761-X Judge Newman

Facts:

The defendant was involved in an accident as he hit a bus stop. The officer observed the defendant staggering around as he arrived. Also, the defendant was given roadsides which he performed poorly. Officers observed an odor of alcohol and slurred speech. The defendant admitted drinking whiskey to the officer.

Result:

The State dropped the DUI.

May 19, 2003 Case: 373565-W Judge Reyes

Facts:

The defendant was pulled over for allegedly driving at an officer while he was conducting a traffic stop. The officer observed beer in the car and the defendant admitted drinking too much. She performed poorly on roadside tests and blew a .15 in the breath machine.

Result:

The State dropped the DUI.

May 19, 2003 Case: 266860-X Judge Krieger-Martin

Facts:

The defendant was pulled over for driving over 100 miles per hour. The officer observed the defendant to be unsteady, have slurred speech, and an odor of alcohol on his breath. The defendant performed several roadsides poorly according to the officer and he refused to take a breath test.

Result:

The State dropped the DUI.

May 19, 2003 Case: 02-007168MM10A (JURY TRIAL) Judge Feiner

Facts:

The defendant was allegedly seen driving home recklessly by his neighbor. She stated that he then passed out drunk in his car. The defendant was placed on video upon arrest and failed every sobriety test.

Result:

The state attorney’s office dropped the DUI in the middle of trial.

May 11, 2003 Case: 03-11012MMA Judge Manalich

Facts:

The defendant was stopped for speeding and striking a curb. The officer observed an odor of alcohol, bloodshot eyes, and the defendant refused to listen to the officer’s instructions.

Result:

The State dropped the DUI.

May 8, 2003 Case: 050587-W Judge Pando

Facts:

The defendant was stopped for nearly colliding with a police officer. The officer stated that the defendant was unsteady, had an odor of alcohol, and had mumbled and slurred speech. The officer requested the defendant to perform roadside tasks. The defendant performed poorly on the tests and subsequently refused the breath test.

Result:

The Judge granted the motion throwing out all of the roadside tests. Case is still pending.

May 6, 2003 Case: 01-001588MM10A Judge Diaz

Facts:

The defendant was involved in a traffic crash. The crash investigator noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed field sobriety tests and was arrested. The defendant admitted to taking pain medication.

Result:

The State dropped the DUI prior to trial.

Apr 28, 2003 Case: 508042-X Judge Figarola

Facts:

The defendant was stopped because he was involved in an accident. His speech was slurred, appeared sleepy, and he could not stand upright without the assistance of the officer. He performed several roadsides poorly and later blew a .11 into the breath machine.

Result:

DUI dismissed.

Apr 21, 2003 Case: 387793-W Judge Krieger-Martin

Facts:

The defendant was stopped for driving head on at a police officer while pulling into a parking lot. The officer who stopped the defendant stated in deposition that the defendant was completely off balance and could not speak clearly. He noticed an odor of alcohol and bloodshot eyes. The officer who conducted the DUI investigation stated in the reports that the defendant’s speech was good and there were no balance problems. The defendant blew a .091 into the breath machine.

Result:

State dropped the DUI.

Apr 12, 2003 Case: 02-021437MM10A Judge Zack

Facts:

The defendant drove his car into a concrete median, knocking down a light pole. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The defendant stated he had 2 liters of alcohol which were found in the vehicle. The defendant’s blood alcohol level was a .24 (3 times the legal limit).

Result:

The court granted the motion and threw out the blood test.

Apr 9, 2003 Case: 03-025466TC10A Judge Diaz

Facts:

The defendant was stopped for an illegal turn, and was subsequently arrested for driving on a DUI suspension.

Result:

The Judge granted the motion and all evidence was thrown out. The State has 15 days to appeal.

Apr 8, 2003 Case: 050813-W Judge Pando

Facts:

The defendant was stopped for weaving. He was unsteady, had an odor of alcohol, slurred speech and bloodshot eyes. He performed very poorly on the sobriety tests. The defendant stated to the officer “he was drunk, but not that drunk.” He blew a .201 in the breath machine.

Result:

The State conceded the motion and dropped the DUI.

Apr 8, 2003 Case: 388162-W Judge Hernandez

Facts:

The defendant was stopped for having a cracked windshield. The officer noticed slurred speech, an odor of alcohol, and bloodshot eyes. According to the officer, the defendant performed several roadsides poorly. The defendant refused a breath test. This was the defendant’s second offense.

Result:

The State dismissed the DUI.

Apr 6, 2003 Case: 508188-X Judge Figarola

Facts:

The defendant was stopped for weaving at a high rate of speed. The officer observed bloodshot eyes, slurred speech, and an odor of alcohol. The defendant performed poorly on roadsides according to the reports.

Result:

The State dropped the DUI.

Mar 20, 2003 Case: 02-020612MM10A Judge Murphy

Facts:

The defendant was found passed out with his car halfway in the road. The defendant was unable to perform the roadside tests and blew a .208 on the intoxilyzer.

Result:

The motion to suppress was granted, and all of the evidence was thrown out of court.

Mar 6, 2003 Case: 01-013951MM10A (JURY TRIAL) Judge Berman

Facts:

The Defendant was stopped by Davie Police Department. Several officers on scene noticed bloodshot eyes and a strong odor of alcohol on his breath. The defendant failed roadside tests, admitted that he should have taken a cab, and was arrested for DUI. He blew a .098 on the intoxilyzer.

Result:

NOT GUILTY.

Feb 18, 2003 Case: 131981-W Judge Figarola

Facts:

The defendant was stopped for speeding and almost hitting another vehicle. The defendant was alleged to have staggered out of vehicle and he had slurred speech and bloodshot eyes. The defendant performed poorly on roadsides and he blew a .216 in the breath machine.

Result:

The State dropped the DUI.

Feb 18, 2003 Case: 01-028635MM10A Judge Zack

Facts:

The defendant was involved in an accident. He staggered out of his vehicle upon the officer’s arrival and had slurred speech and stated he had two beers. He performed poorly on roadside tasks and blew a .181 in the breath machine.

Result:

The State dropped the DUI.

Feb 12, 2003 Case: 245807-W Judge Figarola

Facts:

The defendant was stopped for running a red light and nearly colliding with an officer. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. According to the officer he performed poorly on the roadside sobriety tests and subsequently refused the breath test.

Result:

The State dropped the DUI.

Feb 11, 2003 Case: 03-020343TCA99 Judge Cohen

Facts:

The defendant was stopped for swerving all over the roadway. The defendant was observed to have an odor of alcohol and slow and slurred speech. The defendant performed poorly on roadsides. The defendant blew a .113 in the breath machine.

Result:

Case dismissed on speedy trial grounds.

Feb 10, 2003 Case: 02-026473MM10A Judge Gehl

Facts:

The defendant was stopped for spinning his tires in a reckless manner causing his tires to smoke as he made a u-turn. He was also noticed driving at a high rate of speed. The officer noticed an odor, bloodshot eyes, slurred speech and that the defendant was uneasy on his feet. The defendant failed all roadside tests and blew a .152.

Result:

The Motion was granted, all evidence was thrown out.

Feb 9, 2003 Case: 00028978MM10A Judge Robinson

Facts:

The defendant was involved in an accident. The officer saw him staggering and walking slowly. The officer noticed an odor of alcohol and asked the defendant to perform sobriety tests. The defendant refused saying that he had a couple of drinks and would fail the tests. The officer also stated that his speech was slurred.

Result:

Motion granted. State appealed in front of Judge Horowitz and lost. All evidence was thrown out. The state will be dismissing the charges on September 25, 2003.

Feb 5, 2003 Case: 02-023411MM10A Judge Cowart

Facts:

The defendant was stopped for speeding and failing to maintain a single lane. The defendant performed below the Trooper’s standards on the field sobriety tests and was arrested for DUI. He later blew a .09 on the intoxilyzer.

Result:

The State dropped the DUI.

Jan 28, 2003 Case: 02-015301TCA02 (JURY TRIAL) Judge Gerber

Facts:

The Defendant was observed speeding. He failed to stop for the officer even though the deputy had his lights on for at least a mile. Once stopped by the officer, the officer administered roadside tests including the one leg stand, alphabet test, walk and turn, and finger to nose. The deputy testified he makes at least 250 DUI arrests a year and that the defendant performed poorly on roadsides which was captured on video tape. Although the defendant did make several mistakes, he also performed numerous tasks well and never appeared to be off balance or unsteady. The defendant told the officer he had nothing to drink even thought he officer smelled alcohol on his breath, observed slurred speech, and watery eyes. The defendant refused to take a breath test.

Result:

The JURY found the defendant NOT GUILTY of DUI.

Jan 15, 2003 Case: 01-25456MM10A Judge Robinson

Facts:

The defendant was stopped by the police for speeding and running a red light. Once pulled over by the police, the defendant was asked to step out of his vehicle because the officer smelled alcohol on the defendant's breath, observed slurred speech, and glassy, bloodshot eyes. The defendant refused to exit his car after several requests. The officers wanted to conduct a DUI investigation to determine if the defendant was an impaired driver. He was eventually pulled by the officers from his seat and then thrown to the ground. He was subsequently arrested for DUI and resisting and officer without violence. The whole incident was captured on video tape.

Result:

The State dropped the DUI.

Jan 14, 2003 Case: 02-7720MM10A Judge Berman

Facts:

The defendant was pulled over by the police for running a red light and attaching a tag not assigned. The officer observed the defendant to have an odor of alcohol on his breath. The defendant submitted to one roadside test, the eye (pen) test and refused all other tests, including the breath test.

Result:

The State dropped the DUI and the defendant did not lose his driver's license.

Jan 13, 2003 Case: 388017-W Judge Figarola

Facts:

The defendant was pulled over for almost striking the curb two times with his vehicle. The defendant performed poorly on several roadside tasks and blew a .107 in the breath machine. He was observed to have slurred and mumbled speech, an odor of alcohol on his breath, and very poor balance. This was the defendant's second offense within a period five years.

Result:

The State conceded the motion and dropped the DUI and the defendant did not receive a second DUI conviction or a five year license suspension.

Dec 20, 2002 Case: 02-014861TCA99 Judge Gerber

Facts:

The defendant was pulled over by the police for weaving several times. The officer's observed alcohol on the defendant's breath, slurred speech, glassy eyes, and poor balance. After performing poorly on several roadsides, the defendant was arrested for DUI. He subsequently blew almost twice the legal limit (.158) in the breath machine.

Result:

The State conceded the motion, agreed to the exclusion of the breath test results, and dropped the DUI.

Nov 9, 2002 Case: 9185-BGQ Judge Pando

Facts:

The defendant sideswiped 2 vehicles. Defendant was confused, disoriented and needed assistance to keep his balance.

Result:

The State dropped the DUI to a reckless driving.

Oct 29, 2002 Case: 01-024274MM10A Judge Berman

Facts:

The Defendant was found sleeping behind the wheel at an intersection, while the car was in neutral. The defendant was also in possession of a pipe with the scent of burnt marijuana. The defendant performed sobriety test and was arrested for DUI.

Result:

The State was convinced to drop the DUI charge to a reckless driving. The State also dismissed the possession of paraphernalia charge.

Oct 28, 2002 Case: 394723-W Judge Mills-Francis

Facts:

The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant blew a .106.

Result:

The State was convinced to drop the DUI to a reckless driving.

Oct 28, 2002 Case: 297034-X Judge Mills-Francis

Facts:

The Defendant was stopped for weaving on the road. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed the roadside tests and refused a breath test.

Result:

The State was convinced to drop the DUI charge to reckless driving.

Oct 28, 2002 Case: 7448-BOF Judge Newman

Facts:

The Defendant was arrested for DUI controlled substance. The defendant gave a urine sample which tested positive for marijuana.

Result:

The State was convinced to drop the DUI charge. The defendant has no conviction on his record.

Oct 25, 2002 Case: 02-009671TCA99 Judge Moyle

Facts:

The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing. (2nd offense for DUI)

Result:

The case was dismissed.

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