DUI Wins

Nov 21, 2012	Case: 11-021253MM10A	Judge Gottlieb
Facts:	The defendant was seen by a civilian witness running several red lights. The civilian then observed the defendant weaving all over the road. The civilian witness called 911 and continued to follow the defendant. At one point the defendant exited her car and vomited on the side of the road before continuing on. Eventually, the defendant stopped and proceeded to throw up again. Eventually, the civilian was able to take the keys out of the car and prevent the defendant from driving. The first officer on scene observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. He also observed vomit and dirt all over her clothing. The officer then collected a sworn taped statement from the civilian witness. The defendant attempted but was unable to perform any of the field sobriety exercises. She was arrested and charged with DUI and DUI Enhanced. She subsequently blew a .202 in the intoxilyzer.
Result:	The motion was Granted and both DUI charges were Dismissed.

Nov 16, 2012	Case: 2012-CT-011396AXXX	Judge Evans
Facts:	The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results.
Defense:	Parks & Braxton took the pre-trial deposition of the toxicologist who analyzed the urine sample. In deposition, the toxicologist could not state with certainty that the defendant was under the influence of those particular controlled substances at the time of driving as they could have been in his system for a lengthy amount of time.
Result:	The State Dropped the DUI.

Nov 16, 2012	Case: 2012-CT-010637AXXX	Judge Mitchell
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test.
Result:	The State Dropped the DUI.

Nov 15, 2012	Case: 11-020613MM10A	Judge Solomon
Facts:	The defendant was in a parking lot playing loud music with the windows down. In addition, the defendant was not wearing his seatbelt. When the officer approached the vehicle, the defendant started to back-up and drive away. After several commands, the defendant stopped the vehicle. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. Upon exiting the car, the officer noticed that the defendant was unsteady on his feet. The defendant admitted to taking Xanax as well. The defendant refused all testing and was arrested for DUI.
Result:	The motion was Granted. The DUI was DISMISSED.

Nov 14, 2012	Case: CT-007917-XFA	Judge Myers
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. He also used the vehicle for support. According to the officer, he failed the the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Nov 10, 2012	Case: 1350-XEU	Judge Newman
Facts:	The defendant was stopped for making an illegal u-turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He failed the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .155 in the breath machine.
Result:	The State Dropped the DUI.

Nov 9, 2012	Case: 2012-CT-5852-AXXX	Judge Shore
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, droopy eye lids, slurred speech, and lethargic movements. The defendant admitted to drinking two beers. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Nov 9, 2012	Case: 2011-CT-6342-AXXX	Judge Shore
Facts:	The officer pulled up behind the defendant who was passed out in his car. The defendant was parked on the side of the road and the car was running. The officer then made contact with the defendant and noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .117 in the breath machine.
Result:	The State Dropped the DUI.

Nov 8, 2012	Case: CT-007915-XFA	Judge Conrad
Facts:	The defendant was involved in a one car crash whereby he drove off the road and hit a pole. The defendant told the police that he was trying to avoid a crash with another car. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform the roadside tests on video tape and then was arrested for DUI. After his arrest, he refused the breath breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Nov 5, 2012	Case: 11-026590MM10A	Judge Merrigan
Facts:	The defendant was the at fault driver in a two car crash. Upon the officer's arrival, the defendant was already outside the car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and she was unsteady on her feet. The defendant refused the roadside tests and then was arrested for DUI. She then refused the breath test.
Result:	Due to the above fact and speedy trial expiring, the DUI was Dismissed. It should be noted, this is the Second DUI a member of the firm has obtained a dismissal for this client on a DUI charge.

Nov 2, 2012	Case: 5700-XEM	Judge Krieger-Martin
Facts:	The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Nov 1, 2012	Case: 7194-XEJ	Judge Denaro
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Nov 1, 2012	Case: CT-004754-XEP	Judge Myers
Facts:	The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI.
Result:	Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI.

Nov 1, 2012	Case: 48-2011-CT-006718-AOX (JURY TRIAL)	Judge Bigney
Facts:	The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine.
Defense:	At jury trial, the defense pointed out to the jury that the breath test machine in question failed an inspection around the time frame that the defendant submitted to the breath test. The defense also argued that he was not in actual physical control of the vehicle since he had no capability to operate it while sleeping. Furthermore, the defense, through cross examination, showed the jury that the arresting officer was not credible.
Result:	In the middle of Jury Trial, the State Dropped the DUI.

Oct 26, 2012	Case: 8298-XEJ	Judge Wolfson
Facts:	The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Oct 25, 2012	Case: 9662-XEX	Judge Denaro
Facts:	The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Oct 24, 2012	Case: CT-005210-XEP	Judge Myers
Facts:	The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the defendant was not involved in any crash as the DUI ticket stated no crash and that he was never arrested for any hit and run. In addition, we pointed out that even thought the arresting officer had a working video camera in his car, the whole DUI investigation was not captured on tape. One could only see the defendant after he was arrested for DUI and at no other time.
Result:	The State Dropped the DUI.

Oct 18, 2012	Case: 8744-XEX	Judge Newman
Facts:	The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Result:	The State Dropped the DUI.

Oct 17, 2012	Case: 3747-XED	Judge Altfield
Facts:	The defendant was stopped by police for obstructing traffic. The defendant had an odor of alcohol, a flushed face, and watery eyes. The defendant was also observed swaying. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Oct 10, 2012	Case: 7818-WFL	Judge Denaro
Facts:	The defendant lost control of his motorcycle and crashed into a concrete median. A witness saw the crash and called 911. The defendant was rushed to the to the hospital where the police showed up to speak with him. At the hospital, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He also admitted to having three beers. The defendant's blood was obtained by the police which later revealed a blood alcohol level well over twice the legal limit. The defendant was subsequently arrested for DUI once the results came back over the legal limit.
Defense:	Parks & Braxton pointed out to the State before trial that the police illegally obtained the defendant's blood test results.
Result:	The State Dropped the DUI.