DUI Wins

Jun 1, 2006	Case: 05-001218CFA	Judge Martin
Facts:	The defendant was involved in an accident in which he collided with a concrete barrier. The crash was witnessed by a construction worker. When the officer's arrived, the defendant stated he was the driver and he was not injured. The officer observed an odor of alcohol, red/bloodshot eyes, slurred speech, and he was swaying back and forth. The defendant performed poorly on roadside tests. On the walk and turn, he ran into the officer and on the one leg stand, he almost fell over. The tests were stopped for his safety. After his arrest for DUI, the defendant blew a .129 in the breath machine. The defendant was charged with felony DUI because of his prior record.
Result:	The State dropped the DUI.

May 31, 2006	Case: 2006-CT-815-0 (JURY TRIAL)	Judge Cheek
Facts:	The defendant was involved in a crash whereby he swerved out of his lane and hit another vehicle. The officer observed that the defendant was unsteady on his feet, he had an odor of alcohol on his breath as well as slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn the defendant nearly fell over on his second step. On the Rhomberg balance test, the defendant swayed and estimated 46 seconds for 30 seconds. The defendant was arrested and blew a .120 in the breath machine.
Result:	After the jury was selected the State dropped the DUI.

May 30, 2006	Case: 286248-X	Judge Ortiz
Facts:	The defendant was stopped for speeding and running a red light. The initial officer observed the defendant stagger out of the car, have an odor of alcohol, and blood-shot eyes. A DUI officer was called to conduct roadside tests. On the one leg stand, the defendant put her foot down several times and lost her balance throughout the exercise. On the finger to nose, the defendant failed to touch her nose several times and did not maintain her eyes closed. The defendant was arrested for DUI and later refused the breath test.
Result:	On the morning of trial, the State DROPPED the DUI.

May 23, 2006	Case: 06-03193-MMA	Judge Eriksson
Facts:	The defendant was observed by independent witnesses driving all over the roadway and driving up on the curb almost five times. Police were dispatched and the first officer came in contact with the defendant at a gas station. He was identified by the witnesses as the driver and the defendant admitted driving. The officer observed mumbled speech, an odor of alcohol, and watery eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line several times and took the wrong number of steps. On the one leg stand, he put his foot down and started to do the walk an turn again. He was arrested for DUI.
Result:	The DUI was dismissed.

May 22, 2006	Case: 05-276919-WTWS (JURY TRIAL)	Judge Salton
Facts:	The defendant was involved in a crash in which the car ended up in a ditch. When the first officer arrived, he observed both the defendant and his alleged passenger standing outside the vehicle. The defendant was covered in mud. The defendant told the police during the accident investigation that a fox ran out in front of the car which caused the vehicle to crash into the ditch. The officer observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and unsteadiness. He performed poorly on field sobriety tests and was arrested for DUI. The defendant refused the breath test.
Result:	After picking a Jury, the State dropped the DUI and the defendant received no conviction on his record.

May 22, 2006	Case: 03-016346MM10A	Judge Zack
Facts:	The defendant was involved in a rollover crash. When the trooper arrived on scene, the defendant was being air-lifted to the hospital. Independent witnesses identified the defendant as the driver of the vehicle involved in the crash. At the hospital, the trooper observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and a flushed face. The defendant gave a blood test in which the resutls were a .102. This was the defendant's second DUI.
Result:	The State dropped the DUI on the morning of trial.

May 15, 2006	Case: 6229-XAE	Judge Arzola
Facts:	The defendant was approached by a Sunny Isles officer who was pumping gas in North Miami Beach when he spotted the defendant slumped over the wheel of his vehicle in the middle of the road. The officer opened the door and had to rub the defendant's shoulders to awake him to see if he was alive. The officer noticed an odor alcohol, raspy speech, bloodshot eyes and the defendant appeared incoherent. The Sunny Isles officer conducted roadside tests and the defendant failed all of the five performed. He was then arrested for DUI. He subsequently refused the breath test. This was the defendant's second DUI.
Result:	The Judge GRANTED the motion to exclude the roadsides pursuant to Florida case law and excluded the field sobriety tests from evidence. Florida case law states when an officer is acting outside his jurisdiction, he is considered a civilian and has no right to gain access to evidence that a normal person would not be able to gather, such as field sobriety tests. In other words, the only reason the defendant submitted to the tests is because the officer was in uniform and driving in a marked patrol unit. When the motion was granted, the State DROPPED THE DUI.

May 15, 2006	Case: 014065-W	Judge Ortiz
Facts:	The defendant was involved in a crash in which he rear ended another car. He then left he scene of the accident and was later stopped by police. The police observed the defendant to have an odor of alcohol, appear unsteady, and have slurred speech. The defendant was arrested for Leaving the Scene of an Accident and DUI. The defendant refused roadside tests and the breath test.
Result:	On the morning of trial, the State DROPPED THE DUI.

May 15, 2006	Case: 575481-X	Judge Mills-Francis
Facts:	The defendant was stopped for running through an intersection with a broken red light without stopping or slowing. The officer observed an odor of alcohol and slurred speech. He called for a DUI officer to conduct field sobriety exercises. According to the DUI officer, the defendant failed all the tests. For example, on the walk and turn, the officer wrote the defendant did not touch heel to toe, stepped off the line, and lost his balance during the instructions. On the one leg stand, the officer wrote the defendant put his foot down three or more times and stopped the test at some point. Further, on the finger to nose, the officer alleged he stopped the test on the third arm movement. The defendant was then arrested for DUI. Two glasses of alcohol were found in the car upon his arrest.
Result:	Upon showing the State the deposition just prior to trial, the State DROPPED THE DUI.

May 12, 2006	Case: CTC-6438MMAES	Judge Schuman
Facts:	The defendant was stopped for weaving on the roadway. The driving pattern was captured on video. The officer observed an odor of alcohol, bloodshot eyes and slow speech. On the one leg stand the defendant put his foot down 3 times. On the finger to nose he missed his nose 2 separate times. On the walk and turn the defendant failed to touch heel to toe. The defendant was arrested for DUI and blew a .139 in the breath machine.
Result:	The State dropped the DUI.

May 12, 2006	Case: 06-6791MM10A	Judge Gehl
Facts:	The defendant was stopped for speeding and running a red light. Upon contact, the officer stated that the defendant seemed disoriented. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking three scotch and waters. The defendant did state that he was taking several medications for an illness. After performing poorly on the one leg stand and walk and turn test he was arrested for DUI. He blew a .083 in the breath machine.
Result:	The State dropped the DUI on the morning of Jury trial.

May 12, 2006	Case: 06-13933TCA02	Judge Eissey
Facts:	The defendant was first observed to be slumped over the wheel. The owner of the store called police, however, fire rescue arrived prior to the officer. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. The defendant performed poorly on field sobriety tests and was arrested for DUI. Subsequently, he blew a .132 in the breath machine.
Result:	The State conceded the motion and DISMISSED THE DUI.

May 9, 2006	Case: 290000-X	Judge Ortiz
Facts:	The defendant was involved in a traffic crash. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused roadside tests, but blew a .143 in the breath machine after his arrest for DUI. This was the defendant's third offense.
Result:	On the morning of trial , the State DROPPED THE DUI.

May 9, 2006	Case: 586721-X	Judge Bloom
Facts:	The defendant was involved in a rear end collision. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking and taking medication. The defendant refused all roadside tests and the breath test.
Result:	On the morning of trial, the State DROPPED THE DUI.

May 9, 2006	Case: 052029-W	Judge Newman
Facts:	The defendant was involved in a rear-end crash. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant appeared to be confused in responding to the officer's questions, although he did state he had two beers. The defendant refused the roadside tests and the breath test.
Result:	On the morning of trial, the State DROPPED THE DUI.

May 7, 2006	Case: CT-006493-XAF	Judge Ober
Facts:	The defendant was stopped for weaving all over the road and failing to stop at a stop sign. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand she was swaying and put her foot down several times. On the walk and turn test she stepped off the line and failed to walk heel to toe. She was arrested for DUI and blew a .154 in the breath machine.
Result:	The State dropped the DUI.

May 7, 2006	Case: CT-001561-XAM	Judge Courtney
Facts:	The defendant was stopped for driving the wrong way without headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. The officer found a bar receipt in a pocket for $138.23. The defendant failed to keep his foot up on the one leg stand and stepped off the line on the walk and turn test. He was subsequently arrested for DUI.
Result:	The State dropped the DUI.

May 7, 2006	Case: CT-007394-XAF	Judge Ober
Facts:	The defendant was involved in a crash. Upon arrival the officer noticed a distinct odor of alcohol, flushed face and bloodshot eyes. The defendant was then told that they would be conducting field sobriety tests. The defendant allegedly performed poorly on all tests and was arrested for DUI. The defendant blew a .160 in the breath machine. This was his 2nd DUI.
Result:	After the motion to suppress the State dropped the DUI.

May 6, 2006	Case: 06-CT-1440-XAM	Judge Ober
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant failed the walk and turn, one leg stand, and HGN (eye test) according to the DUI officer. The defendant was subsequently arrested for DUI. This was the defendant's second DUI in less than two years.
Result:	The State dropped the DUI.

May 4, 2006	Case: 575297-X	Judge McWhorter
Facts:	The defendant was stopped for speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed all field sobriety tests and was arrested for DUI. He subsequently blew a .129 in the breath machine.
Result:	The State dropped the DUI.