DUI Wins

Oct 16, 2006	Case: 05-4204MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for driving at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the officer stated the defendant used the car door for support. The officer then called for a DUI officer who had a camera in his car. The DUI officer arrived and made similar observations as the first officer. He asked the defendant to perform field sobriety tests but he refused. The defendant was arrested for DUI.
Result:	The Motion was granted and the case was DISMISSED.

Oct 10, 2006	Case: 06-1775CTA1	Judge Yacucci
Facts:	The defendant was stopped for failure to maintain a single lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant told the officer she was coming from Charlie's Happy Time Bar. The officer further observed slurred speech and that the defendant was swaying from side to side. She was unable to exit the car without holding onto the door for balance. The defendant refused to take any tests and was arrested for DUI. Since this was her second refusal she was charged with the crime of refusing a breath test.
Result:	The State dropped the DUI and the Judge dismissed the Refusal charge.

Oct 8, 2006	Case: 06-1676CT	Judge Crown
Facts:	The defendant was stopped for erratic driving while making a turn. His truck spun out 180 degrees. The officer's observed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officers. On the one leg stand, he put his foot down numerous times. On the walk and turn, he stepped off the line several times, missed heel to toe, and used his arms for balance. He was arrested for DUI and refused the breath test.
Result:	or to the motion, the STATE DROPPED THE DUI.

Oct 7, 2006	Case: 508647-X	Judge Newman
Facts:	The defendant was stopped for swerving and driving into oncoming traffic. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The officer stated that the defendant failed all 3 field sobriety tests and was arrested for DUI. She was arrested for DUI and blew a .270, .212 and a .240.
Result:	The State conceded the motion the DUI was DISMISSED.

Oct 7, 2006	Case: 550931-X	Judge Bloom
Facts:	The defendant was stopped for running a red light. The defendant was unsteady on his feet and had to hold onto the door for balance. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn test the defendant lost his balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand he swayed and dropped his foot throughout the test. He was arrested for DUI and blew a .193.
Result:	The DUI was DISMISSED.

Oct 7, 2006	Case: 2006-MM-00578-A	Judge Fowler
Facts:	The defendant was observed weaving on the road while driving a scooter. The officer noticed an odor of alcohol and bloodshot eyes. The defendant became violent and refused to participate in any sobriety testing. The defendant was arrested for DUI.
Result:	The State dropped the DUI.

Oct 7, 2006	Case: 501099-W	Judge Newman
Facts:	The officer was notified by the defendant's girlfriend that the defendant had two bottles of wine and was driving home drunk. The girlfriend then pointed out the defendant's car driving northbound. After stopping him the officer observed an odor of alcohol, bloodshot eyes, flushed face and rapid speech. Based on the high level of intoxication the defendant failed each of the sobriety tests. He was arrested for DUI and blew a .146 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.

Oct 7, 2006	Case: 05-020025MM10A	Judge Zack
Facts:	The defendant was stopped at a sobriety checkpoint. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the walk and turn and one leg stand test. He stated that after she failed the sobriety tests he arrested her for DUI. She blew a .195 in the breath machine.
Result:	The DUI was dismissed.

Oct 4, 2006	Case: 05-000673MM10A	Judge Robinson
Facts:	The defendant was found slumped over the wheel by an FHP trooper on the side of the road. The defendant was unresponsive to the police in their numerous attempts to awaken him. The officer observed an odor of alcohol, slurred speech and he was very confused. The defendant was asked to perform roadside tests and performed very poorly. For example, on the walk and turn, he was unsteady, almost fell and missed heel to toe on almost every step. On the one leg stand, he used his arms to balance and dropped his leg at number five when he was supposed to go to thirty. The defendant stated he had three "Johnny Walker Black" drinks and he refused the breath test after his arrest for DUI.
Result:	The State dropped the DUI.

Sep 29, 2006	Case: 05-036804TCA08	Judge Eissey
Facts:	The defendant was involved in a traffic crash where he was hit on his driver's side. Paramedics had to extract him from the car due to the door being stuck. The police officer noticed an odor of alcohol, unsteadiness, and the defendant appeared dazed. The defendant admitted having three drinks. He was transported to the hospital for his injuries. At the hospital, he refused to give blood to the officer and was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Sep 28, 2006	Case: 2005-CT-023142 SC	Judge Denkin
Facts:	The defendant was stopped for almost hitting a vehicle at an intersection. Furthermore, the defendant almost struck a police car at the same intersection. The officer noticed an odor of alcohol, red eyes, and very slurred speech. A DUI officer was called to conduct roadside tests. The defendant was video taped at the scene and he performed very poorly on all the tests. In fact, the one leg stand test was stopped for the defendant's safety. This was the defendant's second offense and he refused the breath test.
Result:	The Judge granted the motion and threw out all the roadside tests from evidence. The State dropped the DUI.

Sep 27, 2006	Case: 06-TC-002155	Judge Legendre
Facts:	The defendant was involved in a traffic crash in which the vehicle hit a guard-rail. The officer noticed an odor of alcohol and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .090 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 317020-X	Judge Newman
Facts:	The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. According to the officer, the defendant failed each of the field sobriety tests. She was subsequently arrested for DUI and blew a .195 in the breath machine.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 403782-X	Judge Lindsey
Facts:	The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol. The defendant failed 3 different roadside tests and blew a .119 in the breath machine.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 508969-X	Judge Mills-Francis
Facts:	The defendant was stopped for running a red light. The officer noticed a flushed face, bloodshot eyes and an odor of alcohol. The defendant failed both the one leg stand and the walk and turn test. He was arrested for DUI and blew a .117.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 503705-W	Judge Arzola
Facts:	The defendant was involved in an accident with a police car. Once outside the vehicle the officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line, failed to walk heel to toe, and raised his arms for balance throughout the test. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. The defendant was arrested for DUI.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 508490-X	Judge Lindsey
Facts:	The defendant was observed driving through a stop sign. After conducting a traffic stop the officer noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to drinking 4 beers. On the one leg stand he dropped his foot on the ground several times. On the walk and turn he failed to touch heel to toe and lost his balance during the instructions. The defendant was arrested and blew a .140. A search of the car revealed a bag of marijuana.
Result:	After several contradictions in testimony the State dropped the DUI.

Sep 22, 2006	Case: 06-791-T	Judge Bell
Facts:	The defendant was involved in a rear end collision. The officer noticed an odor of alcohol, staggering, slurred speech, and blood-shot eyes. The defendant had blood all over his face and clothing. The defendant performed poorly on roadside tests and was arrested for DUI. He subsequently refused the breath test.
Result:	The State dropped the DUI.

Sep 20, 2006	Case: 06-021631TCA99	Judge Cohen
Facts:	The defendant was stopped at a roadblock checkpoint. The officer noticed an odor of alcohol and blood-shot eyes. The defendant was unsteady and refused all roadside tests. The defendant also refused the breath test.
Result:	The DUI was dismissed.