DUI Wins

Jun 27, 2008	Case: 48-2006-CT-5443-0	Judge Wixtrom
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, red/glassy eyes, and unsteadiness. The defendant performed poorly on the road side tests. For example, on the walk and turn test, he did not touch heel to toe, stepped off the line, and did not turn correctly. The defendant was subsequently arrested for DUI.
Result:	THE STATE DISMISSED THE DUI.

Jun 23, 2008	Case: CT-002251-FMP	Judge Barber
Facts:	The defendant was stopped for continuously weaving within her lane. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tasks which were video taped. The defendant was subsequently arrested for DUI.
Result:	THE STATE DISMISSED THE DUI.

Jun 23, 2008	Case: 3204-XDK	Judge Fernandez
Facts:	The defendant was stopped for driving at a high rate of speed and hitting a guard rail. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the road side tests. For example, he stepped off the line numerous times on the walk and turn test and could not even due the one leg stand due to safety concerns. After his arrest for DUI, he blew a .155 in the breath machine and admitted to drinking at least five long island ice teas.
Result:	THE STATE DROPPED THE DUI.

Jun 23, 2008	Case: 2008-MM-212-A	Judge Eriksson
Facts:	The defendant was stopped after leaving the scene of an accident after he backed into another car. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. He was arrested for Leaving the Scene of an Accident and DUI. At the station, the defendant was asked to perform field sobriety tests on video tape. He then blew a .125 in the breath machine.
Result:	THE STATE DROPPED THE DUI and the defendant received NO conviction on the leaving the scene of the accident charge.

Jun 19, 2008	Case: 48-2007CT008979-0	Judge Shoemaker
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer observed a distinct odor of alcohol, bloodshot eyes and slow-slurred speech. The defendant first performed the walk and turn test. He failed to touch heel to toe on 10 of the 18 steps. On the one leg stand the defendant placed his foot down 3 times. The defendant was arrested for DUI and blew a .150 in the breath machine.
Result:	The DUI was dismissed.

Jun 16, 2008	Case: 317624-X	Judge Fernandez
Facts:	The defendant was stopped for continuously failing to maintain a single lane, nearly striking another car, and driving at a slow speed. The officer observed an odor of alcohol, mumbled speech, and bloodshot/watery eyes. The defendant refused the roadside tests and the breath test.
Result:	THE DUI WAS DISMISSED BASED ON THE STATUTE OF LIMITATIONS.

Jun 10, 2008	Case: CT-003674-XCO	Judge Lefler
Facts:	The defendant was stopped at a sobriety checkpoint. Once stopped, the officer noticed an odor of alcohol, slurred speech, and balance problems. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .145 in the breath machine.
Result:	THE STATE DROPPED THE DUI.

Jun 10, 2008	Case: 3919-XDK	Judge Newman
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked to perform the field sobriety tests. According to the officer, the defendant failed the tests. For example, on the walk and turn, he stepped off the line five times and on the finger to nose, he missed the tip of his nose each time. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI.
Result:	THE STATE DROPPED THE DUI.

Jun 6, 2008	Case: 2007-CT-031198AXX	Judge Marx
Facts:	The defendant was stopped for running two red lights. The officer who made the traffic stop, observed an odor of alcohol. He then detained the defendant and called for a DUI unit. The DUI unit arrived and he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking four beers. He performed poorly on the field sobriety tests. For example, he stated the alphabet wrong on that test and on the finger to nose task used the wrong hand on two occasions. After his arrest for DUI, the defendant blew a .136 in the breath machine.
Result:	THE STATE DISMISSED THE DUI.

Jun 5, 2008	Case: 8377-XCM	Judge Newman
Facts:	The defendant was found by the police passed out in his car in a public parking lot. The keys were in the ignition and the engine was running. It took the officers about a minute just to wake the defendant and they had to bang on the window. Once he awoke, the officers observed an odor of alcohol, slurred speech and bloodshot eyes. The defendant told the officers he was in Fort Lauderdale even though he was parked in South Beach. He failed every roadside test and then blew a .201 in the breath machine after his arrest for DUI.
Result:	On the morning of Jury Trial, the STATE DROPPED THE DUI.

Jun 5, 2008	Case: CT-007371-XCF	Judge Conrad
Facts:	The defendant was involved in a traffic crash where she sideswiped another car. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant failed the roadside tests which were video taped. After her arrest for DUI, the defendant blew a .094 in the breath machine.
Result:	Prior to filing a motion to dismiss for the destruction of material evidence, the STATE DROPPED THE DUI.

Jun 3, 2008	Case: 07-1796-CT	Judge Collins
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were not video taped and she was arrested for DUI.
Result:	THE STATE DROPPED THE DUI A FEW DAYS BEFORE JURY TRIAL.

May 28, 2008	Case: 07-MM-1564 (JURY TRIAL)	Judge Green
Facts:	The defendant was stopped for weaving in and out of her lane of travel on nine separate occasions. The officer observed and odor of alcohol, slurred/mumbled speech, and bloodshot eyes. When the defendant exited her car, she was unsteady and used the door for support. While standing outside of the car, the defendant had to put her hand on the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's second DUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

May 22, 2008	Case: 07-25342MM10A	Judge Cowart
Facts:	The defendant was stopped for making an illegal right turn at a red light. The officer noticed an odor of alcohol, red eyes, slurred speech, and he had trouble locating his driver's license. When he exited his car, he was very unsteady and then performed very poorly on all the roadside tasks. After his arrest for DUI, he blew a .162 in the breath machine. This was the defendant's second DUI within three years.
Result:	The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. THE STATE DISMSSED THE DUI.

May 19, 2008	Case: 8854-XCM	Judge Krieger-Martin
Facts:	The defendant was stopped for speeding and did not pull over immediately. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the field sobriety tests and then blew a .170 in the breath machine after his arrest for DUI.
Result:	ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.

May 16, 2008	Case: 06-CT-021665AXX	Judge Corlew
Facts:	The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant was unsteady while exiting the vehicle. She performed poorly on roadside tests and was arrested for DUI. After her arrest, the defendant admitted to drinking six beers and blew a .165 in the breath machine.
Result:	THE STATE DROPPED THE DUI.

May 11, 2008	Case: CT-008657-XAM	Judge Courtney
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking five beers. He was asked to perform the roadside tests which were all video taped. According to the officer, he performed poorly and was arrested for DUI. He subsequently refused the breath test.
Result:	THE STATE DROPPED THE DUI.

May 11, 2008	Case: 377152-W	Judge Arzola
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and low speech. He admitted to having a couple of drinks. The defendant was asked to perform field sobriety tests. For example, on the walk and turn test, the defendant raised his arms for balance, lost his balance during the instructions, and paused to regain his balance. On the finger to nose, the defendant missed the tip of his nose and used the wrong hand. The defendant also performed the one leg stand and rhomberg balance exercises. He was subsequently arrested for DUI. This was the defendant's second DUI.
Result:	THE STATE DROPPED THE DUI ON THE DAY OF JURY TRIAL.

May 9, 2008	Case: 07-16892MM10A	Judge Murphy
Facts:	The defendant was involved in an accident. The investigating deputy smelled an odor of alcohol and bloodshot eyes. He also admitted to drinking two Bacardi and cokes. The defendant then submitted to field sobriety tests. On the walk and turn test he missed heel to toe and stepped off the line. On the one leg stand he dropped his foot four times. He was subsequently arrested for DUI. This was his 3rd DUI.
Result:	The State conceded the motion and dropped the DUI.

May 9, 2008	Case: 08-CT0007745-0	Judge Miller
Facts:	The defendant was allegedly involved in a single car accident. Upon arrival the officer observed two men sitting on the curb. The officer asked who was the driver of the vehicle. The defendant responded that he was the driver. The officer observed an obvious odor of alcohol, bloodshot watery eyes and a sway to his stance. In addition, the officer stated that his dexterity was very poor. He then performed four field sobriety exercises. On the walk and turn, the defendant failed to touch heel to toe seven times. He stumbled on steps three and six and he failed to turn correctly. On the one leg stand, he dropped his foot several times and began to hop. On the rhomberg balance test he swayed from side to side. On the finger to nose he failed to touch the tip of his nose on each attempt. He was arrested for DUI and blew a .122 in the breath machine.
Result:	The motion was granted and all of the evidence was thrown out.