DUI Wins

Feb 3, 2011	Case: CT-000151-XEH	Judge Dominguez
Facts:	The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine.
Result:	The State Dropped the DUI.

Jan 31, 2011	Case: 48-2009-CT-001342	Judge Ansbro
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test.
Result:	The DUI was Dismissed.

Jan 24, 2011	Case: 573896-X (JURY TRIAL)	Judge Gayles
Facts:	The defendant was stopped for driving with no headlights, speeding, and weaving two times. The officer who made the stop observed an odor of alcohol, slurred speech, red eyes, and a flushed face. He also observed the defendant to have very poor balance. In other words, according to the officer, the defendant could hardly stand up without the use of his van. He then called for a DUI officer who made somewhat similar observations. That officer conducted the HGN (eye test). It then started to rain heavily, so the the officers arrested the defendant for DUI. This was the defendant's FOURTH DUI.
Result:	The Jury found the defendant Not Guilty in less than ten minutes.

Jan 20, 2011	Case: 08-3403MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI.
Result:	Subsequent to losing the breath test evidence the State dropped the DUI.

Jan 19, 2011	Case: CT-10-5372ELASP	Judge Carballo
Facts:	The defendant was stopped as he drove around a police car almost striking that patrol car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The officer noticed swaying and stumbling. The defendant stated he had three beers. According to the officer, he failed the roadside tests which were video taped. For example, on the walk an turn, he used his arms for balance, stepped off the line, and did not touch heel to toe. On the one leg stand, he used his arms for balance and put his foot down. After his arrest for DUI, he refused the breath test.
Result:	The State Dropped the DUI.

Jan 19, 2011	Case: 10-CT-500193 (JURY TRIAL)	Judge Gonzalez
Facts:	The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests for the officer which were not video taped. For example, on the walk and turn, he fell backwards, did not touch heel to toe, and used his arms for balance. On the one leg stand, he put his foot down four times and swayed. The defendant was very argumentative with the arresting officer after his arrest for DUI. He then refused the breath test.
Result:	The Jury found the Defendant Not Guilty in less than fifteen minutes.

Jan 13, 2011	Case: 2010-CT-010557AXXX (JURY TRIAL)	Judge Eissey
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slow, mumbled, slurred speech. The defendant first stated she had nothing to drink and then said she had one drink. She appeared sleepy to the officer and had comprehension problems. She performed roadside tests at the request of the officer on video tape. For example, on the walk and turn, she took an incorrect number of steps, did not count out loud, did not walk heel to toe, and stumbled. On the alphabet test, she stated it wrong before saying it the right way. On the finger to nose, she failed to touch the tip of her nose and did not remove her finger from her nose. On the one leg stand, she swayed and bent her leg. She was arrested for DUI and later refused the breath test.
Result:	The Jury found the defendant Not Guilty in less than fifteen minutes.

Jan 9, 2011	Case: CT-009453-XEF	Judge Lefler
Facts:	The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI.
Result:	The State Dropped the DUI.

Jan 8, 2011	Case: CT-007655XEY	Judge Lefler
Facts:	The defendant was found passed out in his car in a parking lot. His friends had driven him there and he decided not to drive and just sleep it off. The officers noticed an odor of alcohol, bloodshot eyes, and swaying. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .191 and .189 in the breath machine.
Result:	The DUI was Dismissed.

Dec 20, 2010	Case: 48-2009-CT-012766-O	Judge Jewitt
Facts:	The defendant was stopped for a violation of right of way. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer's vague report, he failed the roadside tests. After his arrest for DUI, he blew .080 in the breath macine.
Result:	The DUI was Dismissed.

Dec 20, 2010	Case: 48-09-CT-006660-O	Judge Shoemaker
Facts:	The defendant was stopped for failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech and swaying. He performed poorly on the roadside tests and was arrested for DUI. The defendant then blew a .174 and .161 in the breath machine.
Result:	The DUI was Dismissed.

Dec 17, 2010	Case: 05-2010-CT-006300AXXX	Judge Atkin
Facts:	The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and dilated pupils. The defendant was also observed swaying. No roadside tests were conducted due to the defendant being transported to the hospital. Later on, the defendant was arrested for DUI and he refused to give a blood, breath or urine test.
Result:	Prior to trial, the State Dropped the DUI.

Dec 15, 2010	Case: 48-2009-CT-006604-O	Judge Barlow Jr.
Facts:	The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, a tired look, glassy eyes, and staggering. He performed poorly on the roadside tests according to the officer which were not video taped. After his arrest for DUI, he then blew a .126, .126, then a .124 and .123 in the breath machine.
Result:	The DUI was Dismissed.

Dec 14, 2010	Case: 09-12881MM10A (JURY TRIAL)	Judge Cowart
Facts:	The defendant was seen by an officer crashing his car into a fence on wet ground. The officer observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and be very unsteady. The defendant did not do any roadside tests on scene because it started to rain so the officer simply arrested the defendant for DUI. After his arrest, he performed the roadside tests on video at the breath alcohol testing facility (ie. the BAT). While there, he attempted to give a breath sample, but could not provide valid samples so the police called it a refusal.
Result:	The Jury found the defendant Not Guilty.

Dec 7, 2010	Case: 3102-XED	Judge Bloom
Facts:	The defendant was involved in crash whereby he was the at fault driver. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he did have some drinks. No roadside tests were conducted on the defendant. He was arrested for DUI. Blood was taken from the defendant and he tested positive for cocaine and his blood alcohol level was a .174.
Result:	The State Dropped the DUI.

Dec 7, 2010	Case: 6037-XDL	Judge Bloom
Facts:	The defendant was stopped for weaving and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and mush mouthed speech. The defendant performed the eye test (HGN) and then was arrested for DUI. He refused all other roadside tests and refused the breath test.
Result:	The DUI was Dismissed.

Dec 3, 2010	Case: 2009-CT-027428AXXX	Judge Hanser
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having a couple of vodka drinks. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Result:	The State Dismissed the DUI a few days prior to the jury trial date.

Dec 2, 2010	Case: 2009-CT-023637AXX	Judge Eissey
Facts:	The defendant was stopped by the police for crossing over the stop bar at a red light and then nearly colliding with another car. The officer noticed an odor of alcohol. The defendant refused the roadside tests and asked for a blood test. After his arrest for DUI, he blew a .218 and .221 in the breath machine.
Result:	The State Dropped the DUI.

Nov 16, 2010	Case: 10-502946CT	Judge Gagliardi
Facts:	The defendant was stopped for weaving and drifting. The officer observed an odor of alcohol, red eyes, and slurred speech. He performed roadside tests at the officer's request which were not video taped. For example, on the one leg stand, he put his foot down and counted the same number twice. On the walk and turn, he stepped off the line and did not touch heel to toe. He was arrested for DUI and then he refused the breath test.
Result:	The State Dropped the DUI.

Nov 10, 2010	Case: 10-CT-1557	Judge Roberts
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, watery eyes and he fumbled through his paperwork. According to the officer, he almost lost his balance upon getting out of the car. He performed very poorly on the roadside tests and was arrested for DUI. He then refused the breath test.
Result:	The State Dropped the DUI.