DUI Wins

Aug 12, 2010	Case: 48-2010-CT-002118-0	Judge Allen
Facts:	The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139.
Result:	On the morning of jury trial, the State Dropped the DUI.

Aug 11, 2010	Case: 08-9249MM10A	Judge Lerner-Wren
Facts:	The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer.
Result:	The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI.

Aug 11, 2010	Case: 09-2083MM10A	Judge Lerner-Wren
Facts:	The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer.
Result:	The Judge granted the motion and threw out the breath test. The State dropped the DUI.

Aug 11, 2010	Case: 08-027331MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer.
Result:	The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI.

Aug 10, 2010	Case: 08-MM-2690-A-K	Judge Fowler
Facts:	The defendant was the at fault driver in a three car rear end accident. The officers noticed the defendant to have an odor of alcohol, slurred speech, and droopy eyes. The defendant was taken to the hospital where his blood was taken at the direction of the police due to his inability to take a breath test. The blood results were a .199 and .197. The defendant was charged with DUI Causing Property and/or Injury to Another.
Result:	The State Dropped the DUI.

Aug 9, 2010	Case: 2010-CT-009161-AXXX	Judge Healey
Facts:	While the defendant was stopped at a red light, an unknown civilian told the police officer the defendant had just hit a curb. The officer then walked up to her car and tapped on the passenger side window and ordered her to roll the window down. He then observed an odor of alcohol, bloodshot eyes, and slurred/mumbled speech. The officer claimed she performed poorly on the field sobriety tests and arrested her for DUI. After her arrest, she refused the breath test.
Result:	The DUI was Dismissed.

Aug 7, 2010	Case: 2010-CT-016928AXXX	Judge Johnson
Facts:	The defendant was found by the police passed out in a disabled car which had run out of gas. The keys were found under the driver's right leg. The defendant had an odor of alcohol and mumbled speech. The defendant performed poorly on roadside tests and was arrested for DUI. The officer believed he was impaired by a controlled substance due to the defendant's statements he had taken Xanax. He asked for a urine test but the defendant could not proved one during the requisite time period so they called it a refusal.
Result:	The DUI was Dismissed.

Aug 3, 2010	Case: 376913-W	Judge Fernandez
Facts:	The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine.
Result:	The State Dropped the DUI.

Aug 2, 2010	Case: 8110-XEE	Judge Seff
Facts:	The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, slurred speech, and had poor balance exiting the car. All of the field sobriety exercises were discontinued due to the defendant being completely off balance. After her arrest for DUI, she blew a .181 in the breath machine.
Result:	The State Dropped the DUI.

Jul 30, 2010	Case: 10-CT-501754	Judge Hayward
Facts:	The defendant was involved in a traffic crash in which he side swiped another car. The officer who arrived on scene, noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he drank and had taken vicoden. The defendant failed the roadside tests. For example, on the walk and turn test, he stumbled and took an incorrect number of steps. On the one leg stand test, he swayed and was hopping. He was arrested for DUI and refused the breath test.
Result:	The State Dropped the DUI.

Jul 27, 2010	Case: 5878-XDY (JURY TRIAL)	Judge Newman
Facts:	The defendant was stopped for speeding.(85 mph in a 55 mph zone). The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer. he performed poorly on roadside tests. For example, on the one leg stand test, he put his foot down four times. On the finger to nose, he used the wrong hand and missed the tip of his nose. Furthermore, on the estimation of time test, he estimated 15 seconds for 30 seconds. He was then arrested for DUI. After his arrest, he blew a .095 and .094 in the breath machine.
Result:	The Jury found the defendant Not Guilty.

Jul 26, 2010	Case: 4092-XDK	Judge Schwartz
Facts:	The defendant was stopped for failing to maintain a single lane and striking a curb. The defendant had an odor of alcohol, slurred speech, and vomit all over herself. She almost fell while outside the car. No roadside tests were conducted due to safety concerns for the defendant. The defendant admitted to feeling the effects of the alcohol and being impaired. She was arrested for DUI and blew a .134 and .127. in the breath machine.
Result:	The State Dropped the DUI on the morning of trial.

Jul 16, 2010	Case: 2010-CT-5513AXXX	Judge Evans
Facts:	The defendant was stopped during a DUI saturation. The officer who made the stop observed the defendant weaving all over the roadway. The officer observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer arrived and observed the same DUI observations plus slurred speech and short abrupt sentences. He then had the defendant perform roadsides on video tape. According to the officer, he failed and was arrested for DUI. For example, the officer wrote that defendant messed up the alphabet, counted wrong on the one leg stand, and did the finger to nose wrong. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Jul 15, 2010	Case: CT-007568-XEF	Judge Lefler
Facts:	The defendant was stopped for driving the wrong way down a one way street towards a police officer. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. He also had a wrist band on from a bar. According to the officer, he failed the field sobriety tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Result:	The State Dropped the DUI.

Jul 14, 2010	Case: 10-000675MM10A	Judge Lazarus
Facts:	The defendant was originally seen weaving in and out of heavy traffic. The officer observed him driving in a serpentine manner causing several vehicles to brake. The defendant was pulled over for an improper lane change. The officer initially observed a strong odor of alcohol as well as bloodshot eyes. The defendant was unsteady upon exiting the car and subsequently urinated on himself. Upon walking to the back of the car the defendant appeared to be wobbling. After a brief attempt to perform field sobriety tests at the scene it was determined that for his safety they would be discontinued. He was arrested for DUI. At the police station, and on video, the defendant did perform the finger to nose, walk and turn as well as the stand and balance exercise. On video he looked and sounded visibly intoxicated. This was the defendant's 3rd DUI.
Result:	The motion was granted. All of the evidence was excluded. The State dropped the DUI.

Jul 12, 2010	Case: CT-008452-XCF	Judge Conrad
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine.
Result:	The State Dropped the DUI.

Jul 12, 2010	Case: 09-013874MM10A	Judge Cowart
Facts:	The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Jun 30, 2010	Case: 2009-CT-0065242AMB	Judge Bonavita
Facts:	The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she failed the roadside tests which were video taped. For example, on the walk and turn, she did not touch heel to toe and did not count aloud. On the finger to nose, she missed the tip of her nose. After her arrest for DUI, she blew a .119 and .115 in the breath machine.
Result:	The State Dropped the DUI.

Jun 28, 2010	Case: 488341-X	Judge Seraphin
Facts:	The defendant was stopped for speeding. The officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. They also observed empty beer bottles in the car. She performed poorly on the roadside tests. For example, on the walk and turn, she stepped off the line, paused to regain her balance, and raised her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and blew a .129 and .125 in the breath machine.
Result:	The State Dismissed the DUI on the morning of trial.

Jun 25, 2010	Case: 2010-CT-20874	Judge Atkin
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He admitted to having a couple of drinks. According to the officer, he performed poorly on the field sobriety tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn, he lost his balance and did not touch heel to toe. He was then arrested for DUI.
Result:	The State Dropped the DUI.