DUI Wins

Jan 27, 2004	Case: 02-029249TCA04 (JURY TRIAL)	Judge Moyle
Facts:	The defendant was stopped by an officer while on the side of the road. A call had gone out about a sick or injured driver. The officer who arrived on the scene stated that the defendant was sitting in the driver’s seat with the keys in the ignition. The officer observed an odor of alcohol, slurred speech, and the defendant to be unsteady on his feet. A DUI officer was called and the defendant performed poorly on all roadside tests. Blood was subsequently drawn and the defendant’s blood alcohol level was a .19.
Result:	NOT GUILTY (in fifteen minutes).

Jan 22, 2004	Case: 03-007098TCA04	Judge Damico
Facts:	The defendant was stopped for speeding and weaving. He almost struck two vehicles as he left his lane of travel. The officer observed slurred speech, an odor of alcohol, and the defendant staggered throughout the investigation. The defendant did not perform field sobriety exercises due to the fact he told the officer he had back injuries. He refused a breath test.
Result:	The State dropped the DUI prior to trial.

Jan 11, 2004	Case: 131995-W	Judge Figarola
Facts:	The defendant was stopped for driving across three lanes of traffic and almost striking another vehicle. The officer observed and odor of alcohol, slurred speech and glassy eyes. According to the officers, he used the car for balance and became verbally abusive towards the officers. He refused the roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Jan 9, 2004	Case: 02-029205MM10A	Judge Cowart
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .154 in the breath machine.
Result:	The State conceded the motion.

Jan 7, 2004	Case: 250999-W	Judge Newman
Facts:	The defendant was stopped for loud music coming from his car. When the officer approached his car, he smelled an odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety exercises. The defendant refused to take the breath test.
Result:	The State dropped the DUI.

Jan 3, 2004	Case: 245111-W	Judge Haigh
Facts:	The defendant was sitting behind the wheel of his vehicle in the inside lane of traffic next to the curb. When the officer pulled up, he had his overhead lights flashing. He subsequently ordered the defendant out of the car. He made no DUI observations until the defendant was outside of the vehicle. He testified that the defendant was sleeping in the car and that he took the keys out of the ignition. A DUI officer was called who observed the defendant to be unsteady, have an odor of alcohol, and blood shot eyes. He performed very poorly on all of the sobriety tasks. He refused a breath test. (this was his 2nd offense).
Result:	The motion was granted and all of the evidence was thrown out. The State dropped the DUI.

Jan 3, 2004	Case: 245831-W	Judge Pando
Facts:	The defendant was involved in an accident where he rear ended another vehicle. He could not perform roadside tasks due to his level of intoxication. The officers observed an odor of alcohol, bloodshot eyes, the defendant almost falling, and slurred speech. The defendant blew a .162 in the breath machine.
Result:	The State dropped the DUI.

Dec 30, 2003	Case: 413710-X	Judge McWhorter
Facts:	The defendant was found by the police passed out in his vehicle in the middle of the road. He had just left the scene of an accident. The defendant was unsteady, had slurred speech, and an odor of alcohol on his breath. He was also charged with leaving the scene of an accident. The defendant was given the eye test (HGN). He refused the breath test.
Result:	The State dropped the DUI.

Dec 17, 2003	Case: 03-013971MM10A	Judge Murphy
Facts:	The defendant was stopped for driving carelessly through a parking lot squealing his tires. Upon exiting the vehicle the defendant was unsteady on his feet. The defendant had bloodshot eyes, slurred speech and an odor of alcohol. The defendant refused to answer any questions or provide any tests.
Result:	The State dropped the DUI.

Dec 17, 2003	Case: 250738-W	Judge Pando
Facts:	The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant appeared to be unsteady. The defendant refused the breath test and all roadsides except HGN (the eye test).
Result:	The State dropped the DUI.

Dec 12, 2003	Case: 02-029129MM10A	Judge Gehl
Facts:	The defendant was stopped driving through a checkpoint. The defendant had watery eyes, and was unaware of his surroundings. The defendant was unsteady on his feet and failed all sobriety tests. When the officer asked the defendant to touch the tip of the pen he was unsuccessful. The defendant refused a breath test.
Result:	Motion granted. Case Dismissed.

Nov 12, 2003	Case: 03-010459MM10A	Judge Murphy
Facts:	The defendant was stopped going through a checkpoint. The officer noticed bloodshot watery eyes, slurred speech and an odor of alcohol. The defendant admitted to drinking 5 beers, failed all roadside sobriety tests, and blew a .138 in the breath machine.
Result:	The court granted the motion. The case was dismissed.

Nov 8, 2003	Case: 574473-X	Judge Hernandez
Facts:	The defendant was stopped for throwing a bottle of alcohol out of his window. The initial officer observed the defendant to have an odor of alcohol and a blank stare. When the DUI officer arrived , the defendant could not follow any instructions and could not comprehend anything. He was unable to perform any sobriety tests. He refused a breath test. This was the defendant’s 2nd offense.
Result:	The State dropped the DUI.

Nov 8, 2003	Case: 395118-W	Judge Mills-Francis
Facts:	The defendant was stopped for weaving in and out of traffic. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on roadsides. This was the defendant’s 2nd offense. The defendant blew a .104 in the breath machine.
Result:	The State dropped the DUI.

Oct 30, 2003	Case: 03-4852MM10A	Judge Zack
Facts:	The defendant was stopped for driving over the curb and accelerating his tires while in a drive thru. The officer noticed blood shot eyes, flushed face, slurred speech and an odor of alcohol on his breath. The defendant was unable to complete any of the roadside sobriety tests. He was arrested for DUI and blew a .16 in the breath machine. This was his 2nd offense for DUI.
Result:	The motion was granted and all evidence was thrown out.

Oct 28, 2003	Case: 03-004305MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for having an unlawful tag. Upon stopping the defendant, the officer noticed a bottle of liquor in the car. The defendant exhibited bloodshot eyes, flushed face and an odor of alcohol. She performed poorly on the roadside sobriety tests and was arrested for DUI. She blew a .120 in the breath machine.
Result:	The State dropped the DUI.

Oct 28, 2003	Case: 02-030555TCA04	Judge Damico
Facts:	The defendant was stopped for running a red light and nearly colliding with an officer. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. According to the officer she performed poorly on the roadside sobriety tests and subsequently blew a .097 in the breath machine after being arrested.
Result:	The State dropped the DUI.

Oct 27, 2003	Case: 388153-W	Judge Pando
Facts:	The defendant was stopped for driving off the roadway onto the grassy swale. After being stopped, the officer observed an odor of alcohol, slurred speech, and the defendant appeared to be off balance. The defendant performed poorly on roadsides and blew a .144 in the breath machine.
Result:	The Judge Granted the motion and threw out all the evidence.

Oct 14, 2003	Case: 060919-J	Judge Newman
Facts:	The defendant was involved in an accident. The officer observed an odor of alcohol, slurred speech, unsteadiness, and the defendant performed poorly on the sobriety tests. He blew a .13 in the breath machine.
Result:	The State dropped the DUI.

Oct 14, 2003	Case: 03-022793TCAO4	Judge Gerber
Facts:	The defendant was stopped for driving on the wrong side of the road almost striking the officer head on. The defendant was unsteady, eyes bloodshot, and she had an odor of alcohol on her breath. She performed poorly on all roadsides.
Result:	The State dropped the DUI.