DUI Wins

Jul 26, 2004	Case: 316947-X	Judge Figarola
Facts:	The defendant was found by police slumped over the wheel. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety tests and stated that the "police should take him in because he was drunk." He refused the breath test.
Result:	The State dropped the DUI.

Jul 22, 2004	Case: 03-022146TCA04 (JURY TRIAL)	Judge Damico
Facts:	The defendant was stopped while driving his motorcycle in a serpentine fashion by a Delray Beach officer. The officer observed an odor from alcohol and stated the defendant mixed up the alphabet. A DUI officer was called and had the defendant perform field sobriety tests. he stated the defendant performed poorly. On video at the breath testing facility, the defendant admitted to having four mixed drinks, feeling the effects of the alcohol, and feeling under the influence. The defendant refused the breath test.
Result:	The Jury found the defendant NOT GUILTY.

Jul 21, 2004	Case: 2004-CT-5079-0	Judge Clark
Facts:	The defendant was involved in an accident where she ran into another car. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and be very unsteady. The defendant performed poorly on roadside tests and subsequently refused the breath test.
Result:	The State dropped the DUI.

Jul 20, 2004	Case: 04-1651MM10A	Judge Murphy
Facts:	The defendant was stopped for drifting from one lane to the next several times. Once stopped, the officer observed an odor of alcohol and the defendant stated he had a couple of drinks. A DUI officer was called and he subsequently arrested the defendant for DUI. The defendant refused to take the breath test.
Result:	The State dropped the DUI.

Jul 20, 2004	Case: 03-021277MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for running a red light. The officer that made the stop stated that he observed an odor of alcohol, blood shot eye, slurred speech, and that the defendant was completely off balance. A DUI officer was called and the defendant refused to do the field sobriety exercises and he also refused to take the breath test.
Result:	The State dropped the DUI.

Jul 19, 2004	Case: 085707-J	Judge Bloom
Facts:	The defendant was stopped by the FHP for driving over 85 miles per hour in and out of traffic on a wet roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech and the defendant was off balance. According to the the officer, the defendant performed poorly of field sobriety tests and he subsequently blew a .093 in the breath machine.
Result:	The State dropped the DUI.

Jul 19, 2004	Case: 468032-W	Judge Bloom
Facts:	The defendant was stopped for running a red light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was unsteady and performed poorly on field sobriety tests. He blew a .136 in the breath machine.
Result:	The State dropped the DUI.

Jul 13, 2004	Case: 04-14MM10A	Judge Murphy
Facts:	The defendant was involved in an accident whereby he struck a pole. The officer who observed the crash, stated he noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he should not have gone out drinking that night. The defendant was arrested for DUI and blew a .166 in the breath machine.
Result:	The DUI was dismissed.

Jul 9, 2004	Case: 550211-X	Judge Bloom
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and the defendant performed poorly on field sobriety tests. He blew a .187 in the breath machine.
Result:	The State dropped the DUI.

Jul 9, 2004	Case: 132382-W	Judge Gayles
Facts:	The defendant was involved in an accident in which she struck a raised median. She had an odor of alcohol, slurred speech. She performed poorly on roadside tests and blew a .216 in the breath machine.
Result:	The State dropped the DUI.

Jul 9, 2004	Case: 413682-X	Judge Figarola
Facts:	The defendant was stopped while parked behind a closed business. He was ordered out of the car. The officer observed an odor of alcohol, slurred speech and blood shot eyes. He performed poorly on roadsides and blew a .153 in the breath machine. This was the defendant's third offense.
Result:	The State read the deposition of the officer and the case law and then conceded the motion. The DUI was dismissed.

Jun 29, 2004	Case: 04-005675MM10A	Judge Murphy
Facts:	The defendant was stopped for driving into the center median and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant was extremely unsteady. A DUI officer was called and the defendant performed poorly on field sobriety exercises. He blew a .185 in the breath machine.
Result:	The State dropped the DUI.

Jun 28, 2004	Case: 413945-X	Judge Figarola
Facts:	The defendant was stopped for failing to maintain a single lane. The deputy observed the defendant to have a side to side sway, slurred speech and an odor of alcohol. According to the officer, the defendant performed poorly on several field sobriety tests. He blew a .146 in the breath machine.
Result:	The State dropped the DUI.

Jun 28, 2004	Case: 289182-X	Judge Figarola
Facts:	The defendant was involved in a crash by driving into a fence. When the officer arrived he noticed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant was unsteady. He was transported to the police station to do field sobriety exercises. At the station he blew a .165 in the breath machine.
Result:	The State dropped the DUI.

Jun 22, 2004	Case: 03-41797CT (JURY TRIAL)	Judge Boles
Facts:	The defendant was stopped by the police for speeding by a Santa Rosa County Deputy. The deputy observed the defendant to be uneasy on her feet, have slurred speech and have an odor of alcohol. A DUI officer was called to conduct field sobriety exercises on the defendant. The officer alleged she did poorly on the roadside tests which included the one leg stand and the walk and turn. The defendant allegedly refused the breath test. An open bottle of beer cold to the touch was found in the center console. This was the defendant’s second offense within five years of her last DUI conviction.
Result:	The Jury found the defendant NOT GUILTY.

Jun 16, 2004	Case: 03-028571TCA08	Judge Cohen
Facts:	The defendant was stopped by the police for squealing his tires (improper start) pursuant to Florida Statute 316.154. Once stopped, the officer observed an odor of alcohol, slurred speech, and that the defendant had difficulty standing. The defendant refused the field sobriety tests stating he had medical problems with his legs. On video back at the station, the defendant was argumentative with police, off balance, slurring his words, and he refused the breath test. This was the defendant’s FOURTH OFFENSE.
Result:	The DUI was dismissed.

Jun 15, 2004	Case: 03-13374MM10A	Judge Zack
Facts:	The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol and bloodshot watery eyes. The defendant was unsteady exiting the vehicle, and swayed from side to side throughout the investigation. The breath test operator stated that the defendant had a flushed face and slurred speech.
Result:	The State dropped the DUI on the morning of trial.

Jun 14, 2004	Case: 252897-W	Judge Bloom
Facts:	The defendant was stopped for driving on the wrong side of the road by an undercover police officer. Once stopped the officer held the defendant at gun point and other officers arrived and detained the defendant. After he was detained, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. A DUI officer was called and the defendant performed poorly on all roadside tests.
Result:	The State dropped the DUI.

Jun 14, 2004	Case: 03-16821MM10A	Judge Diaz
Facts:	The defendant was observed asleep at the wheel on the bridge over the inter-coastal. The defendant’s eyes were extremely bloodshot and he wreaked of alcohol. He stated he had “a few too many.” His speech was slurred and his face was flushed. The defendant failed every roadside test and blew a .150 in the breath machine.
Result:	The State dropped the DUI.

Jun 12, 2004	Case: 048095-W	Judge Mills-Francis
Facts:	The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and subsequently refused the breath test.
Result:	The state dropped the DUI.