DUI Wins

Jun 14, 2005	Case: 04-005538TCA04 (JURY TRIAL)	Judge Damico
Facts:	The defendant was found slumped over the wheel in the driver's seat of his car with the engine running by an officer in a public parking lot. The vehicle was in the park position and parked crooked. The officer found the defendant based on a call about a suspicious person in the public parking lot. The officer testified the defendant was out cold and it took about a minute just to wake him. He had to bang on the window, open the door, shake the defendant, and call out to him several times before the defendant responded. The defendant reeked of alcohol according to the officer. A DUI officer was called to the scene and the defendant could hardly speak or stand on video. He admitted being drunk and refused all roadside testing and breath testing.
Result:	The Jury took only FIVE MINUTES to find the defendant NOT GUILTY.

Jun 14, 2005	Case: 04-023383TCA04	Judge Damico
Facts:	The defendant was stopped for driving all over the roadway. The officers smelled an odor of alcohol, slurred speech, bloodshot eyes, and the defendant stated she had a couple of drinks. Acccording to the DUI officer, she performed poorly on field sobriety tests and then blew a .144 in the breath machine.
Result:	The DUI was dismissed.

Jun 13, 2005	Case: 05-000855TCA04	Judge Evans
Facts:	The defendant was stopped for driving the wrong way on a one way street. Once stopped, the officer observed an odor of alcohol, slurred speech and he admitted to having three drinks. He performed poorly on roadside tests according to the officer which was video taped and he blew a .130 in the breath machine.
Result:	The DUI was dismissed.

Jun 13, 2005	Case: 2004-MM-02167-A-K	Judge Miller
Facts:	The defendant was stopped for cutting off another vehicle. The officers observed an odor of alcohol, slurred speech and bloodshot eyes. He refused roadside tests and the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Jun 13, 2005	Case: CT-627191-X	Judge Thomas
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Jun 12, 2005	Case: 05-MM-9769	Judge Shoemaker
Facts:	The defendant was stopped for speeding and cutting through lanes of traffic. The officer observed an odor of alcohol, slurred speech, staggering, and bloodshot eyes. The officer also found beers in the car. The defendant refused the roadside tests and the breath test. Everything was on video tape.
Result:	The DUI was dismissed.

Jun 1, 2005	Case: 04-004497MM10A	Judge Berman
Facts:	The defendant was stopped by FHP for straddling the lane divider for one quarter mile. The trooper observed bloodshot eyes, flushed face and an odor of alcohol. The defendant failed every exercise and was arrested for DUI. He subsequently blew a .158 in the breath machine.
Result:	The Judge granted the motion and excluded all of the evidence.

Jun 1, 2005	Case: 04-013244MM10A	Judge Diaz
Facts:	The defendant was allegedly the driver of a van that hit a sign on the highway. When the trooper arrived on scene he observed two flat tires and a cracked windshield. The defendant's speech was barely understandable and he failed all field sobriety tests.
Result:	The DUI was dismissed.

Jun 1, 2005	Case: 04-006455MM10A	Judge Gehl
Facts:	The defendant was stopped for driving 88mph in a 55mph zone. The trooper noticed bloodshot eyes, flushed face and a strong odor of alcohol. The defendant said he was coming from a bar and had 3 Molson Goldens. The defendant allegedly failed the sobriety tests and blew a .141.
Result:	The Judge threw out the breath test. The State dropped the DUI.

May 24, 2005	Case: 03-19640MM10A (JURY TRIAL)	Judge Lazarus
Facts:	The defendant was seen by a deputy crashing into a motor scooter. The deputy said the defendant stumbled out of the vehicle and had a strong odor of alcohol on his breath. He also noticed bloodshot eyes slurred speech and a flushed face. The DUI deputy arrived and asked him to perform sobriety tests. On the walk and turn test the defendant stumbled and said he didn't feel comfortable continuing. He was arrested for DUI and refused a breath test. This was the defendant's second offense.
Result:	The defendant was found NOT GUILTY.

May 23, 2005	Case: 086772-J	Judge Bloom
Facts:	The defendant was stopped for speeding. The officers observed and odor of alcohol, a flushed face, and bloodshot eyes. They also smelled the odor of marijuana coming from the car. They found 13 grams of marijuana in the car. The defendant was arrested for being under the influence of alcohol and marijuana.
Result:	The DUI was dismissed.

May 19, 2005	Case: 05-000636TCAO4	Judge Moyle
Facts:	The defendant was stopped by police for driving at a "high rate" of speed and his tires touched the yellow line markers one time. The officers observed an odor of alcohol, slurred speech, and poor balance. He allegedly performed poorly on roadside tests and blew a .171 in the breath machine.
Result:	The State dropped the DUI.

May 18, 2005	Case: 04-19284MM10A	Judge Berman
Facts:	The defendant was stopped for speeding and weaving all over the road. The first officer smelled a minty odor as well as glassy eyes. The DUI officer smelled an odor of alcohol and noticed bloodshot eyes. The defendant failed all sobriety tests and was arrested for DUI. He told the officers he wanted to kill them.
Result:	The motion was granted and all evidence was thrown out.

May 17, 2005	Case: 04-2232MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for drifting across the lane markers almost side swiping the police car. The deputy noticed an odor of alcohol and watery eyes. The defendant refused to speak and was arrested for DUI. The defendant blew a .207 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.

May 16, 2005	Case: 04-017954TCAO8 (JURY TRIAL)	Judge Kolin
Facts:	The defendant was stopped at a roadblock checkpoint. When the officer told him to pull into the parking lot after observing a dazed look and odor of alcohol on his breath, he drove over the curb, on the grass, and into to the bushes according to the officer. The officer stated his speech was very slurred, he was very unsteady, and had bloodshot eyes. He refused to do roadside tests on video at the scene of the checkpoint and was arrested for DUI. At the breath testing facility, he stumbled while walking into the video room and refused the breath test. This was the defendant's second offense within five years.
Result:	The jury found the defendant NOT GUILTY in nine minutes.

May 7, 2005	Case: 04-010024MM10A	Judge Diaz
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, glassy eyes, and the defendant admitted to having three beers. He performed poorly on roadside tests according to the officer and blew a .164 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Apr 25, 2005	Case: 267188-X	Judge Tunis
Facts:	The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests and blew a .133 in the breath machine.
Result:	The State dropped the DUI.

Apr 18, 2005	Case: 508541-X	Judge Bloom
Facts:	The defendant was stopped for speeding and running a red light. Once stopped, the officers noticed slurred speech, an odor of alcohol, and unsteadiness. He performed poorly on roadside tests and blew a .225 in the breath machine.
Result:	The State dropped the DUI.

Apr 5, 2005	Case: 386283-W	Judge Gayles
Facts:	The defendant was stopped for speeding and swerving all over the road. The officer observed slurred speech, and the defendant performed poorly on roadside tests. The officer also suspected the defendant was under the influence of cocaine. The defendant refused the breath test.
Result:	The State dropped the DUI.

Apr 4, 2005	Case: 508256-X	Judge Tunis
Facts:	The defendant was involved in a rear end collision. The officers who arrived on scene observed an odor of alcohol, bloodshot eyes and slurred speech. He performed poorly on roadside tests and refused the breath test. The defendant was outside the car when the officers arrived on scene.
Result:	The DUI was dismissed.