DUI Wins

Oct 19, 2009	Case: 08-028554MM10A	Judge Ross
Facts:	The arresting officer responded to a shopping mall in reference to a heavily intoxicated male. Upon arrival, the officer made contact with an individual who advised what the defendant was wearing, the type of vehicle he drove and that he was unable to keep his balance on the way to his vehicle. He also advised the officer that it looked as if the defendant hit a parked car while exiting the mall. The officer was advised by police radio that fire rescue was following the defendant and eventually blocked him from moving. When the officer arrived, he exited his vehicle and confirmed that this was the same vehicle and it had fresh paint damage as a result of an accident. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face, slurred speech and extreme unsteadiness. The defendant performed poorly on the walk and turn, finger to nose and rhomberg balance test. He was arrested for DUI. This was his 2nd DUI.
Result:	The Judge Granted the motion. The DUI was dismissed.

Oct 15, 2009	Case: 09-505491-CT	Judge Gagliardi
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant was "unsure" of her footing when she exited the car. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she used her arms, did not count aloud, and missed heel to toe. On the one leg stand, she placed her foot down and used her arms for balance. There was no video of the incident. She was then arrested for DUI.
Result:	The State Dropped the DUI.

Oct 14, 2009	Case: CT-002125-XDY	Judge Mcneil
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having three beers. According to the officer, he performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.
Result:	The State dropped the DUI.

Oct 14, 2009	Case: CT-002135-XDY	Judge Mcneil
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant stated he had two beers. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his foot down and used his arms for balance. On the walk and turn, he did not touch heel to toe and lost his balance on the turn. According to the officer, he also did not perform up to standards on the alphabet and finger to nose tests. After his arrest for DUI, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 13, 2009	Case: CT-000614-XCM	Judge Conrad
Facts:	The defendant was stopped because of an alleged disturbance in a bar/restaurant. The police stopped the defendant and observed an odor of alcohol, slurred speech, and water/glassy eyes. The defendant told police he drank three whiskey type drinks. According to police, he performed poorly on the roadside tests which were taped. He was then arrested for DUI.
Result:	The State Dropped the DUI.

Oct 3, 2009	Case: 08-CT-008752-XAM	Judge Conrad
Facts:	The defendant hit a mailbox then left the scene of the accident. Officers located her car and conducted a traffic stop based on a call from a person who witnessed the crash. The officers noticed an odor of alcohol, slurred speech, and she swayed as she stood. According to the officers, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .115 in the breath machine. This was the defendant's second DUI and she was also charged with leaving the scene of an accident (LSA).
Result:	The State dropped the DUI and dismissed the LSA.

Oct 3, 2009	Case: 2008-CT-017338AXXXMA	Judge Drake
Facts:	The defendant was involved in a traffic crash in which he hit two cars then slammed into a metal guard rail. When the police arrived, they observed an odor of alcohol, bloodshot eyes, and slight swaying. The defendant appeared confused and admitted to having two beers. The defendant performed field sobriety tests at the request of the officer. According to the officer's reports, he failed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. There was no video tape at the scene. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Sep 30, 2009	Case: 08-019477MM10A	Judge Robinson
Facts:	The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on the walk and turn, the defendant stepped off the line and used her arms for balance. On the one leg stand, the defendant put her foot down and used her arms for balance. After her arrest for DUI, she refused the breath test.
Result:	On the morning of jury trial, the State Dropped the DUI.

Sep 25, 2009	Case: 08-019226CF10A	Judge Levenson
Facts:	The defendant was involved in a front end crash with a tree. An off duty officer ran outside and noticed the defendant behind the wheel with the engine running. He observed signs of intoxication and advised the defendant to remain in his vehicle while the officer retrieved his police radio from his house. The defendant (who lived 5 houses from the officer) left the scene and went home. After getting permission from the defendant's wife to enter the residence, the officers found the defendant buried under his clothing in his closet refusing to get out. Eventually, the defendant was taken outside of the house and he refused all testing. This was a 4TH DUI (felony).
Result:	The State dropped the DUI.

Sep 23, 2009	Case: CT-6801-XAM	Judge Courtney
Facts:	The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped.
Result:	Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI.

Sep 23, 2009	Case: CT-1093-XCM	Judge Courtney
Facts:	The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Sep 15, 2009	Case: CT-2259-XDY	Judge Conrad
Facts:	The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test.
Result:	The State Dropped the DUI.

Sep 14, 2009	Case: 7794-XEJ (JURY TRIAL)	Judge Bloom
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine.
Result:	The Jury found the defendant NOT GUILTY.

Sep 12, 2009	Case: 2009-CT-19218	Judge Drake
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine.
Result:	The State Dropped the DUI.

Sep 9, 2009	Case: CT-0531-XCM	Judge Courtney
Facts:	The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
Result:	The State Dropped the DUI.

Sep 7, 2009	Case: 09-CT-391	Judge Burgess
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
Result:	The State Dropped the DUI.

Sep 6, 2009	Case: 48-2007-CT-1332A	Judge Clark
Facts:	The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
Result:	On the morning of trial, the DUI was Dismissed.

Sep 6, 2009	Case: 08-14310MM10A	Judge Lazarus
Facts:	The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
Result:	The motion was granted. All of the evidence was thrown out.

Sep 3, 2009	Case: 1588-XED	Judge Seraphin
Facts:	The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
Result:	The State dropped the DUI.

Sep 2, 2009	Case: 8662-XCM	Judge Newman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
Result:	On the morning of trial, the DUI was dismissed.