DUI Wins

May 1, 2024	Case: 23-CT-055747	Judge Musselman
Facts:	The defendant was stopped after leaving a closed park after hours. Officers observed an odor of alcohol, slow speech, and bloodshot eyes. He also swayed, stumbled, and staggered. He performed various roadside tests such as the walk and turn, one leg stand, and count backwards. He was arrested for DUI and later blew a .202 and .202 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 1, 2024	Case: 23-CM-011148	Judge Rich
Facts:	The defendant crashed his car into a concrete barrier. Upon arrival, officers noticed an odor of alcohol, glassy eyes, and thick-tongued speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2024	Case: 23-CT-016448	Judge Farr
Facts:	The defendant was stopped for driving erratically. She was swerving all over the road. Officers observed an odor of alcohol, watery/glassy eyes and slurred speech. She then performed various roadside tests such as HGN (eye test), the walk and turn, and one leg stand. She was subsequently arrested for DUI and later blew a .159 and .157 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2024	Case: 23-CT-016778	Judge Farr
Facts:	The defendant was stopped for driving the wrong way on a one-way street. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a red face, appeared unsteady, and admitted to having consumed alcohol. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	Many aspects of the video contradicted the police reports. Her speech was not slurred, she was not unsteady, and was very responsive and coherent. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 29, 2024	Case: 23-CT-503748	Judge Swett
Facts:	The defendant crashed his truck into a police car while police were on scene blocking off a road for an unrelated traffic crash. Officers observed a faint odor of alcohol, bloodshot eyes, a dazed/blank look, and he appeared sleepy. While outside of the car, he staggered, appeared unsteady, and had slow speech. The defendant agreed to perform the HGN (eye test) and then refused to perform any other roadside tests. He told the officers to "just arrest him." They did arrest him for DUI and he later refused a breath test.
Defense:	On tape, the defendant was not unsteady, did not stagger, and his speech appeared normal. It was obvious from the tapes that the police arrested him for DUI because they were angry about the crash. After conversations with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 25, 2024	Case: 23-CT-006276	Judge Curington
Facts:	The defendant was stopped for weaving and drifting over the lanes of travel, driving on the lane itself, and also on fog line multiple times. The officer observed an odor of alcohol. He appeared jittery, had slow reflexes, and had slurred speech. He also had a sway to his stance and fumbled for his door latch. He refused to perform any field sobriety tests and was arrested for DUI. The defendant subsequently refused a breath test.
Defense:	On video tape, his speech was not slurred, he did not appear jittery, did not sway, and exhibited normal reflexes. Furthermore, the officer told him upon stopping him that he recorded a large portion of the driving pattern. That was not true and no driving pattern was on any video tape. The State Dropped the DUI and he received no conviction on his record.
Result:	The State dropped the DUI.

Apr 25, 2024	Case: AI9MO8E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared drowsy. He had a dazed expression, was unsteady, and staggered as he walked. He then performed various field sobriety tests such as HGN (eye test), the walk and turn, one leg stand, and finger to nose. He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 25, 2024	Case: 24-CT-500229	Judge Paluck
Facts:	The defendant ran a stop sign at an intersection and T-boned another car. An off-duty firefighter witnessed the accident. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had an unsteady gait and his coordination was poor. He then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI. Believing he was also impaired by drugs, a DRE (drug recognition exam) was conducted.
Defense:	There were many conflicts between the video tape, the DRE report, and the police reports. After conversations with the State about the evidence, they Dismissed the DUI.
Result:	The DUI was dismissed.

Apr 24, 2024	Case: 24-CT-011445	Judge T. Brown
Facts:	The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot/watery eyes, a flushed face, and slow/slurred speech. He was slow to exit the car, swayed while standing, and all his movements were sluggish. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On video tape, the defendant's speech was normal, he never swayed, and none of his movements were slow or sluggish. After conversations with the State about the conflicts between the video tape the police reports, they Dropped the DUI to a Civil Carless Driving infraction.
Result:	The State dropped the DUI.

Apr 24, 2024	Case: 23-CF-011181	Judge Fuson
Facts:	The defendant was found passed out in his car by police in a lane of travel. There was no odor of alcohol, but officers, upon awakening him, noticed slurred speech, he kept nodding off, and appeared disoriented. He had bloodshot eyes, was unsteady, and swayed while he stood. Believing he was impaired by drugs, the officers requested him to perform field sobriety tests. He performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later submitted to a DRE (drug recognition exam) and he also refused to provide a urine sample. Post arrest, drugs were found in the defendant's wallet. Those drugs tested positive for illegal controlled substances and he was also charged with two felony possession charges.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI, Dismissed one felony, and he received No Felony Conviction on the other felony.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-016771	Judge Gutman
Facts:	The defendant was stopped for driving westbound in the east bound lane. The officer noticed an odor of alcohol, glassy eyes, and slow moments. He displayed confusion, admitted to having 7 drinks (then changed it to a couple), and also appeared unsteady. He performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .124 and .122 in the breath machine.
Defense:	After conversations with the defendant regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-014236	Judge Scott
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady on her feet and admitted to having drank two beers. She refused to perform any field sobriety tests and was arrested for DUI. The defendant agreed to take a breath test but was not blowing properly so the officer called it a refusal. This was the defendant's Second DUI.
Defense:	On tape, the defendant was not unsteady and her speech was normal. After negotiations with the State, they Dropped her Second DUI.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-017599	Judge Gutman
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, slurred speech, difficulty giving his attention, and he appeared unsteady. The defendant admitted to consuming 4 beers and also fumbled with his items. He then performed various roadside tests and was arrested for DUI. He later blew a .096 and .092 in the breath machine.
Defense:	After pointing out the .02 margin of error in the breath machine to the State, we were able to place the defendant's breath test results under the legal limit.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-018142	Judge Farr
Facts:	The defendant was stopped for speeding, driving in between two lanes, and weaving. The officer noticed an odor of alcohol, slurred speech, a dazed/blank stare, and fumbling fingers. He also had confusion, poor balance, and a tired appearance. He performed poorly on various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 17, 2024	Case: 24-CT-000699	Judge Taylor
Facts:	The defendant was stopped for failing to stop while making a right turn on red, weaving, and speeding. The officer noticed an odor of alcohol, slurred speech, sluggish reflexes, bloodshot eyes, and he also swayed while he stood. The defendant then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The video contradicted the police reports. On tape, his speech was normal, he did not sway, and did not move sluggishly. He also performed much better on the field sobriety tests on video than as described in the police reports.
Result:	The State dropped the DUI.

Apr 17, 2024	Case: 23-CT-003464	Judge Burns
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later blew a .151 and .148 in the breath machine.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 16, 2024	Case: 23-CT-502346	Judge Swett
Facts:	The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense:	After negotiations regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 16, 2024	Case: 23-006139MU10A	Judge Lerner-Wren
Facts:	The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI.
Defense:	Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed.
Result:	The DUI was dismissed.

Apr 16, 2024	Case: 23-CT-502825	Judge Swett
Facts:	The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI.
Defense:	The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call.
Result:	The State dropped the DUI.

Apr 9, 2024	Case: 23-CT-011790	Judge Farr
Facts:	The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest.
Defense:	We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow.
Result:	The State dropped the DUI.