DUI Wins

Dec 13, 2004	Case: 129408-J	Judge McWhorter
Facts:	The defendant was stopped by the FHP for speeding. Prior to offering the roadside tests, the officer observed an odor of alcohol. The defendant performed poorly on roadside tests and he blew a .11 in the breath machine after his arrest for DUI.
Result:	The State read the deposition and case-law and conceded the motion. The State dropped the DUI.

Dec 11, 2004	Case: 03-028991TCA08	Judge Cohen
Facts:	The defendant was involved in a one car accident. There were no eyewitnesses to the crash. He was seen by police walking down the road with another individual about a quarter mile from the crash scene. He was asked if he was the driver involved in the crash and the defendant responded by saying yes. The officer observed an odor of alcohol, slurred speech, and the defendant performed poorly on roadside tests. He was arrested for DUI and blew a .149 in the breath machine.
Result:	The Judge granted the motion to suppress. The DUI was dismissed.

Dec 10, 2004	Case: 252880-W	Judge Figarola
Facts:	The defendant was stopped for making a wide turn. Once stopped, the officer observed an odor of alcohol, blood shot eyes and slurred speech. A DUI officer was called and the defendant performed poorly on roadside tests. Subsequent to his arrest for DUI, he blew a .176 in the breath machine.
Result:	The State conceded the motion. The State dropped the DUI.

Dec 10, 2004	Case: 412937-W	Judge Thomas
Facts:	The defendant was stopped by Tampa police for making an improper turn. The officer who stopped the defendant observed an odor of alcohol and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety tests according to the officer. He subsequently refused the breath test.
Result:	The State dropped the DUI.

Dec 4, 2004	Case: 245307-W	Judge Krieger-Martin
Facts:	The defendant was stopped due to driving erratically. Once stopped, the officer observed the defendant to be dazed, off balance, have an odor of alcohol, and slurred speech. He subsequently called for a DUI officer to conduct roadsides. The defendant performed very poorly on roadsides. He was arrested and refused to take a breath test. This was the defendant’s second offense.
Result:	The State dropped the DUI.

Nov 29, 2004	Case: 316982-X	Judge Figarola
Facts:	The defendant was involved in an accident. The officer who arrived on the scene observed an odor of alcohol and balance problems. The defendant performed poorly on roadside tests and blew a .185 in the breath machine.
Result:	The state dropped the DUI.

Nov 23, 2004	Case: 387930-W	Judge Newman
Facts:	The defendant was stopped for driving all over the road and almost running vehicles off the road. Once stopped, the officers observed an odor of alcohol, slurred speech, and blood shot eyes. He performed poorly on field sobriety tests and subsequent to his arrest he refused the breath test. This was the defendant's third offense.
Result:	The state dropped the DUI.

Nov 22, 2004	Case: 251039-W	Judge McWhorter
Facts:	The defendant was stopped for weaving and driving to slow. The officer observed an odor of alcohol, slurred speech, and the defendant was very off balance and unsteady. He performed poorly on roadside tests and then blew a .191 in the breath machine. This was the defendant's second offense.
Result:	The state dropped the DUI.

Nov 22, 2004	Case: 373574-W	Judge Bloom
Facts:	The defendant was involved in a accident. When the DUI officers arrived, the defendant was already handcuffed in another patrol car. The DUI officer observed an odor of alcohol and slurred speech. He performed poorly on field sobriety tests and subsequently refused the breath test.
Result:	The State conceded the motion. The DUI was dismissed.

Nov 22, 2004	Case: 412716-X	Judge Bloom
Facts:	The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and that the defendant was off balance and unsteady. He performed poorly on roadside tests and blew a .087 in the breath machine.
Result:	The Judge granted the motion excluding all the field sobriety tests. The state dropped the DUI.

Nov 17, 2004	Case: 04-1121MM10A	Judge Diaz
Facts:	The police were advised that the defendant was driving on the highway at a very slow speed impeding traffic. The defendant was seen with her brake lights on in the apex of the highway. Her speech was extremely slurred, she had an odor of alcohol and bloodshot eyes. On video she was completely unsteady, and performed poorly on the sobriety tests.
Result:	The Judge granted the motion and excluded all of the evidence. The state dropped the DUI.

Nov 8, 2004	Case: 03-005413MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for having no tag light. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant did not speak much English so no field sobriety tests were conducted. He was arrested for DUI and blew a .171 in the breath machine.
Result:	The State dropped the DUI.

Oct 29, 2004	Case: 04-006882MM10A	Judge Feiner
Facts:	The defendant was stopped for weaving and almost striking another vehicle. Once stopped, the officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had drank seven beers. He performed poorly on roadside tasks and blew a .133 in the breath machine.
Result:	The State dropped the DUI.

Oct 28, 2004	Case: 53-2004-CT-001272-LD	Judge Coon
Facts:	The defendant was stopped for speeding by Lakeland police. The officer observed an odor of alcohol, slurred speech, bloodshot eyes and that the defendant was swaying. The defendant refused field sobriety exercises and refused the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Oct 25, 2004	Case: 04-023135TCA99	Judge Johnson
Facts:	The defendant was stopped based on an anonymous tip that he was driving all over the road. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. He performed poorly on roadside tasks and blew a .12 in the breath machine.
Result:	The DUI was dismissed.

Oct 25, 2004	Case: 317587-X	Judge Newman
Facts:	The defendant was found by police sleeping behind the wheel of his vehicle at a red light. It took several attempts to awaken the defendant. Once awoken, the officer observed the defendant to have an odor of alcohol, slurred speech and watched him stumble as he was outside the car. The defendant refused the roadside tests and refused the breath test. The officer found marijuana in the defendant's pocket after his arrest for DUI.
Result:	The State dropped the DUI.

Oct 18, 2004	Case: 05-2004-CT-057174AXXXX	Judge Majeed
Facts:	The defendant was stopped for speeding and running a red light in Brevard County. The officers observed an odor of alcohol, slurred speech, and an open container of alcohol in the car. He performed poorly on field sobriety tests and refused to take the breath test.
Result:	The State dropped the DUI.

Oct 18, 2004	Case: 413990-X	Judge Newman
Facts:	The defendant was stopped for making an illegal turn. Once stopped , the officers observed an odor of alcohol, slurred speech, and the defendant appeared unsteady. She performed poorly on roadside tests and blew a .174 in the breath machine.
Result:	The State dropped the DUI.

Oct 14, 2004	Case: 3523-CNL	Judge Figarola
Facts:	The defendant was stopped for driving with his high beams. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests and was constantly cursing and threatening the officer. He blew under the legal limit, however, he admitted to taking numerous prescription medications which are classified as controlled substances.
Result:	The State dropped the DUI.

Oct 13, 2004	Case: 04-8141MMA	Judge Murphy
Facts:	The defendant was stopped for failing to maintain a single lane in Naples. Once stopped, the Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests on video and blew a .162 on the breath machine.
Result:	The State conceded the motion at the time of hearing. The DUI was dismissed.