DUI Wins

Oct 3, 2008	Case: 07-CT-7818-XCF	Judge Courtney
Facts:	The defendant was the at fault driver in a crash. The deputy observed an odor of alcohol and bloodshot watery eyes. The defendant was taken to the hospital where she provided a .105 blood alcohol sample. While at the hospital she admitted to drinking 2 vodkas with cranberry.
Result:	The State dropped the DUI on the morning of trial.

Oct 1, 2008	Case: 07-010243MM10A	Judge Murphy
Facts:	The defendant was involved in a hit and run accident. The driver of the other vehicle identified the defendant as the person who fled the scene. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing and was arrested for DUI.
Result:	The State dropped the DUI prior to the Judge's ruling.

Oct 1, 2008	Case: 07-2079CT	Judge Atack
Facts:	The defendant was stopped for speeding and weaving on his motorcycle. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant admitted to drinking four beers and taking Xanax. The defendant failed the roadside tests according to the officer, however, they were not video taped. After his arrest for DUI, the defendant refused the breath test.
Result:	THE STATE DROPPED THE DUI PRIOR TO TRIAL.

Sep 23, 2008	Case: 2008-CT-108 (JURY TRIAL)	Judge Smith
Facts:	The defendant was found passed out behind the wheel of a motor vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and flushed face. The defendant had an open beer in the car and appeared disoriented. He failed all the field sobriety tests and after his arrest for DUI blew a .207 in the breath machine. This was the defendant's second DUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Sep 15, 2008	Case: 8777-XCM	Judge Miranda
Facts:	The defendant was stopped for swerving in and out of traffic while speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. He performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the finger to nose he missed the tip of his nose several times. On the walk and turn he failed to walk heel to toe and turned improperly. He was arrested for DUI and blew a .145.
Result:	The State dropped the DUI on the morning of trial.

Sep 15, 2008	Case: 9021-XCM	Judge Miranda
Facts:	The defendant was stopped for swerving back and forth almost losing control of the vehicle. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. On the rhomberg balance test he estimated 59 seconds for 30 seconds while swaying throughout. On the walk and turn test, he lost his balance during the instructions while failing to walk heel to toe in a straight line. The one leg stand was discontinued for the defendant's safety. On the finger to nose test, he missed the tip of his nose on five out of six attempts. He was arrested for DUI and blew a .166 in the breath machine.
Result:	The State dropped the DUI.

Sep 12, 2008	Case: 08-CT-005649	Judge Epperson
Facts:	The defendant was stopped for weaving several times. The officer observed an odor of alcohol and bloodshot eyes. Once the defendant stepped out of the car, she was off balance and unsteady. She admitted having three vodka/cranberry drinks and then performed poorly on the field sobriety tests. After her arrest for DUI, she blew a .233 and .244 in the breath machine.
Result:	THE STATE DROPPED THE DUI.

Sep 6, 2008	Case: CT-1635-XCM	Judge Lefler
Facts:	The defendant was stopped for driving at a high rate of speed and for almost hitting a car as she came to screeching stop at a red light. The officer observed an odor of alcohol, bloodshot eyes, and she used the car for balance. She performed the field sobriety exercises poorly according to the officer and was arrested for DUI. The defendant subsequently refused the breath test. All the roadside tests were video taped.
Result:	THE STATE DROPPED THE DUI.

Aug 22, 2008	Case: 08-507623WTWS	Judge Salton
Facts:	The defendant was stopped for squealing his tires. He allegedly did a "burnout" 4-5 times according to the officer. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed very poorly on roadside tests and then blew a .209 in the breath machine. This was the defendant's second DUI.
Result:	THE JUDGE, AFTER REVIEWING FLORIDA LAW, GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DROPPED THE DUI.

Aug 20, 2008	Case: 07-005578MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for driving 65mph in a 45mph zone. The first officer on scene observed a strong odor of alcohol and bloodshot watery eyes. A DUI officer arrived and performed field sobriety tests. On the walk and turn test the officer stated that the defendant stepped off the line 7 times and failed to walk heel to toe. On the one leg stand he allegedly dropped his foot 3 times and swayed while attempting to balance himself. He then stated that he drank a few Captain Morgan's and was going home. He was arrested for DUI.
Result:	The State dropped the DUI in the middle of the motion to suppress.

Aug 13, 2008	Case: 2007-CT-019166AXX	Judge Keyser
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, glassy eyes, and a bottle of bottle of Jack Daniels in the car. The defendant admitted to drinking and was asked to perform field sobriety tests which were video taped. According to the officer, he performed poorly on the one leg stand and walk and turn tests and then was arrested for DUI. He subsequently refused the breath test.
Result:	THE STATE DROPPED THE DUI.

Aug 12, 2008	Case: 2008CT-025724AXX	Judge Eissey
Facts:	The defendant crashed into a median on interstate 95 after he lost control of the car when a tire blew out. When the officer arrived, he observed an odor of alcohol and slurred speech. The airbags had deployed and the defendant had glass on his face from the impact of the crash. The officer then requested that the defendant perform field sobriety tests and the defendant complied. On the walk and turn test, he failed to touch heel to toe, stepped off the line, and almost fell. On the one leg stand exercise, he counted to three and then used the wall for support. The defendant was arrested for DUI and then refused the breath test.
Result:	JUST PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DUI.

Aug 9, 2008	Case: 3113-XCK	Judge Arzola
Facts:	The defendant was observed driving her vehicle into a tree. When the officers arrived, the defendant's car was still in drive resting against the tree. The officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. She then performed several field sobriety tests. On the walk and turn test the defendant lost her balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand, the defendant put her foot down several times. On the finger to nose test, she failed to touch her finger to her nose. On the balance test she swayed and estimated 20 for 30 seconds. She was arrested for DUI. This was her 3rd DUI.
Result:	The DUI was dismissed.

Aug 7, 2008	Case: CT-008423-XCL	Judge Conrad
Facts:	The defendant was stopped for drifting and driving at different speeds. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a couple of drinks and then performed the roadside tasks. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she blew a .135 in the breath machine.
Result:	THE STATE DROPPED THE DUI.

Aug 1, 2008	Case: 2007CT15979-O	Judge Cheek
Facts:	The defendant was on video weaving all over the roadway. The trooper requested that the defendant exit the car, and she replied "no". The trooper observed a strong odor of alcohol, bloodshot eyes and thick slurred speech. He also stated that she had an orbital sway throughout the investigation. She refused all testing and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Aug 1, 2008	Case: CT-07-46837MMAES	Judge Beck
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and a flushed face. As the defendant exited her car, she staggered. She performed poorly on roadside tests. For example, on the walk and turn test, she stepped off the line numerous times and did not touch heel to toe. On the finger to nose, she did not close her eyes, did not remove her arms from her nose, and swayed. After her arrest for DUI, she blew a .163 in the breath machine. This was the defendant's second DUI within the past five years.
Result:	THE STATE DROPPED THE DUI.

Jul 29, 2008	Case: CT-08-003885-XC0	Judge Conrad
Facts:	The defendant was stopped for speeding. A DUI task force officer responded to conduct the investigation. He first observed that the defendant had difficulty exiting the car and maintaining his balance. He had to be assisted by the officer to keep from falling. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the following field sobriety tests. On the walk and turn test he failed to touch heel to toe, used his arms for balance and stepped off the line. On the one leg stand he dropped his foot 3 times. On the finger to nose he missed his nose 4 times. Finally, he failed to recite the alphabet correctly. He admitted to drinking 3 "Amber Bock" beers, and was arrested for DUI.
Result:	The State dropped the DUI.

Jul 15, 2008	Case: 20007-CT-007496AXX	Judge Eissey
Facts:	The defendant was stopped for swerving and almost striking a median. The officer observed the defendant to be non-compliant, could not stand still, have loud speech, was very impatient, and appeared "wirery." The officer believed that the defendant was impaired by something, although she did not smell any alcohol. The officer also noted dilated pupils. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, the officer found hydrocodone in her car. The defendant provided a urine sample which tested positive for a controlled substance. (Hydrocodone). Although the defendant was prescribed the Hydrocodone, she was still charged with Driving Under the Influence of a Controlled Substance.
Result:	THE DUI WAS DISMISSED.

Jul 14, 2008	Case: 489889-X	Judge Fernandez
Facts:	The defendant was stopped for allegedly backing his truck into a pedestrian in a parking lot. The officer investigating the crash detained the defendant, however, he did not witness the crash. A DUI officer was called to the scene and the DUI officer noticed an odor of alcohol, slurred speech, flushed face, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest for DUI, the defendant blew a .119 in the breath machine.
Result:	THE STATE DROPPED THE DUI.

Jul 14, 2008	Case: 9648-XDJ	Judge Ortiz
Facts:	The defendant was stopped based on a BOLO (be on the lookout) for a car driven by an intoxicated individual who was involved in an altercation at a party. The officer spotted the car and stopped the defendant. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was detained and brought back to the party to be identified and get further information about the altercation. No roadsides were conducted due to the defendant's intoxicated state, crying, and admissions of drinking. He was arrested for DUI and blew a.159 in the breath machine.
Result:	THE STATE DROPPED THE DUI.