DUI Wins

Feb 11, 2003	Case: 03-020343TCA99	Judge Cohen
Facts:	The defendant was stopped for swerving all over the roadway. The defendant was observed to have an odor of alcohol and slow and slurred speech. The defendant performed poorly on roadsides. The defendant blew a .113 in the breath machine.
Result:	Case dismissed on speedy trial grounds.

Feb 10, 2003	Case: 02-026473MM10A	Judge Gehl
Facts:	The defendant was stopped for spinning his tires in a reckless manner causing his tires to smoke as he made a u-turn. He was also noticed driving at a high rate of speed. The officer noticed an odor, bloodshot eyes, slurred speech and that the defendant was uneasy on his feet. The defendant failed all roadside tests and blew a .152.
Result:	The Motion was granted, all evidence was thrown out.

Feb 9, 2003	Case: 00028978MM10A	Judge Robinson
Facts:	The defendant was involved in an accident. The officer saw him staggering and walking slowly. The officer noticed an odor of alcohol and asked the defendant to perform sobriety tests. The defendant refused saying that he had a couple of drinks and would fail the tests. The officer also stated that his speech was slurred.
Result:	Motion granted. State appealed in front of Judge Horowitz and lost. All evidence was thrown out. The state will be dismissing the charges on September 25, 2003.

Feb 5, 2003	Case: 02-023411MM10A	Judge Cowart
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The defendant performed below the Trooper’s standards on the field sobriety tests and was arrested for DUI. He later blew a .09 on the intoxilyzer.
Result:	The State dropped the DUI.

Jan 28, 2003	Case: 02-015301TCA02 (JURY TRIAL)	Judge Gerber
Facts:	The Defendant was observed speeding. He failed to stop for the officer even though the deputy had his lights on for at least a mile. Once stopped by the officer, the officer administered roadside tests including the one leg stand, alphabet test, walk and turn, and finger to nose. The deputy testified he makes at least 250 DUI arrests a year and that the defendant performed poorly on roadsides which was captured on video tape. Although the defendant did make several mistakes, he also performed numerous tasks well and never appeared to be off balance or unsteady. The defendant told the officer he had nothing to drink even thought he officer smelled alcohol on his breath, observed slurred speech, and watery eyes. The defendant refused to take a breath test.
Result:	The JURY found the defendant NOT GUILTY of DUI.

Jan 15, 2003	Case: 01-25456MM10A	Judge Robinson
Facts:	The defendant was stopped by the police for speeding and running a red light. Once pulled over by the police, the defendant was asked to step out of his vehicle because the officer smelled alcohol on the defendant's breath, observed slurred speech, and glassy, bloodshot eyes. The defendant refused to exit his car after several requests. The officers wanted to conduct a DUI investigation to determine if the defendant was an impaired driver. He was eventually pulled by the officers from his seat and then thrown to the ground. He was subsequently arrested for DUI and resisting and officer without violence. The whole incident was captured on video tape.
Result:	The State dropped the DUI.

Jan 14, 2003	Case: 02-7720MM10A	Judge Berman
Facts:	The defendant was pulled over by the police for running a red light and attaching a tag not assigned. The officer observed the defendant to have an odor of alcohol on his breath. The defendant submitted to one roadside test, the eye (pen) test and refused all other tests, including the breath test.
Result:	The State dropped the DUI and the defendant did not lose his driver's license.

Jan 13, 2003	Case: 388017-W	Judge Figarola
Facts:	The defendant was pulled over for almost striking the curb two times with his vehicle. The defendant performed poorly on several roadside tasks and blew a .107 in the breath machine. He was observed to have slurred and mumbled speech, an odor of alcohol on his breath, and very poor balance. This was the defendant's second offense within a period five years.
Result:	The State conceded the motion and dropped the DUI and the defendant did not receive a second DUI conviction or a five year license suspension.

Dec 20, 2002	Case: 02-014861TCA99	Judge Gerber
Facts:	The defendant was pulled over by the police for weaving several times. The officer's observed alcohol on the defendant's breath, slurred speech, glassy eyes, and poor balance. After performing poorly on several roadsides, the defendant was arrested for DUI. He subsequently blew almost twice the legal limit (.158) in the breath machine.
Result:	The State conceded the motion, agreed to the exclusion of the breath test results, and dropped the DUI.

Nov 9, 2002	Case: 9185-BGQ	Judge Pando
Facts:	The defendant sideswiped 2 vehicles. Defendant was confused, disoriented and needed assistance to keep his balance.
Result:	The State dropped the DUI to a reckless driving.

Oct 29, 2002	Case: 01-024274MM10A	Judge Berman
Facts:	The Defendant was found sleeping behind the wheel at an intersection, while the car was in neutral. The defendant was also in possession of a pipe with the scent of burnt marijuana. The defendant performed sobriety test and was arrested for DUI.
Result:	The State was convinced to drop the DUI charge to a reckless driving. The State also dismissed the possession of paraphernalia charge.

Oct 28, 2002	Case: 7448-BOF	Judge Newman
Facts:	The Defendant was arrested for DUI controlled substance. The defendant gave a urine sample which tested positive for marijuana.
Result:	The State was convinced to drop the DUI charge. The defendant has no conviction on his record.

Oct 28, 2002	Case: 297034-X	Judge Mills-Francis
Facts:	The Defendant was stopped for weaving on the road. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed the roadside tests and refused a breath test.
Result:	The State was convinced to drop the DUI charge to reckless driving.

Oct 28, 2002	Case: 394723-W	Judge Mills-Francis
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant blew a .106.
Result:	The State was convinced to drop the DUI to a reckless driving.

Oct 25, 2002	Case: 02-009671TCA99	Judge Moyle
Facts:	The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing. (2nd offense for DUI)
Result:	The case was dismissed.

Oct 18, 2002	Case: 02-002658MM10A	Judge Gehl
Facts:	The defendant was observed driving without headlights and running a red light. The deputy observed bloodshot eyes, an odor of alcohol, and a flushed face. The defendant blew a .137/.131.
Result:	The State dropped the DUI charge to a reckless driving.

Oct 15, 2002	Case: 388103-W	Judge Hernandez
Facts:	The defendant was involved in an accident. Defendant failed the roadside tests and blew a .086.
Result:	Based on the lack of officer credibility, the DUI was dropped to a reckless driving.

Oct 14, 2002	Case: 01-121AC10A	Judge Murphy / Cohn
Facts:	The defendant was seen by civilians driving all over the road. Upon arrival, the police observed the defendant's car stopped in the entrance to a construction site. The defendant was passed out behind the wheel with the engine running. The defendant failed roadside tests. (3rd Offense for DUI)
Result:	Judge Murphy dismissed the charges.

Oct 12, 2002	Case: 061507-J	Judge Pando
Facts:	The defendant was involved in an accident on I-95 and fled the scene after hitting another vehicle. He was later found by the police on the side of the interstate about 300 yards away from the accident site standing outside his vehicle which had a flat tire and exterior damage. He was arrested for Leaving the Scene of and accident and DUI as the officers observed alcohol on his breath and slurred speech. There were four officers involved in the investigation. Depositions were taken of each officer and they all gave different version of the events of that evening. For example, one officer stated the defendant had balance problems while another officer stated he did not. One officer stated the defendant had slurred speech and another officer stated his speech was good.
Result:	The State dropped the DUI and the Leaving the Scene charge and the defendant received no convictions on his record.

Sep 29, 2002	Case: 02-4529MM10A	Judge Zack
Facts:	The Defendant was arrested for DUI and blew a .163/.158.
Result:	Judge Zack granted the motion to suppress the breath test.