DUI Wins

Jun 22, 2004	Case: 03-41797CT (JURY TRIAL)	Judge Boles
Facts:	The defendant was stopped by the police for speeding by a Santa Rosa County Deputy. The deputy observed the defendant to be uneasy on her feet, have slurred speech and have an odor of alcohol. A DUI officer was called to conduct field sobriety exercises on the defendant. The officer alleged she did poorly on the roadside tests which included the one leg stand and the walk and turn. The defendant allegedly refused the breath test. An open bottle of beer cold to the touch was found in the center console. This was the defendant’s second offense within five years of her last DUI conviction.
Result:	The Jury found the defendant NOT GUILTY.

Jun 16, 2004	Case: 03-028571TCA08	Judge Cohen
Facts:	The defendant was stopped by the police for squealing his tires (improper start) pursuant to Florida Statute 316.154. Once stopped, the officer observed an odor of alcohol, slurred speech, and that the defendant had difficulty standing. The defendant refused the field sobriety tests stating he had medical problems with his legs. On video back at the station, the defendant was argumentative with police, off balance, slurring his words, and he refused the breath test. This was the defendant’s FOURTH OFFENSE.
Result:	The DUI was dismissed.

Jun 15, 2004	Case: 03-13374MM10A	Judge Zack
Facts:	The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol and bloodshot watery eyes. The defendant was unsteady exiting the vehicle, and swayed from side to side throughout the investigation. The breath test operator stated that the defendant had a flushed face and slurred speech.
Result:	The State dropped the DUI on the morning of trial.

Jun 14, 2004	Case: 252897-W	Judge Bloom
Facts:	The defendant was stopped for driving on the wrong side of the road by an undercover police officer. Once stopped the officer held the defendant at gun point and other officers arrived and detained the defendant. After he was detained, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. A DUI officer was called and the defendant performed poorly on all roadside tests.
Result:	The State dropped the DUI.

Jun 14, 2004	Case: 03-16821MM10A	Judge Diaz
Facts:	The defendant was observed asleep at the wheel on the bridge over the inter-coastal. The defendant’s eyes were extremely bloodshot and he wreaked of alcohol. He stated he had “a few too many.” His speech was slurred and his face was flushed. The defendant failed every roadside test and blew a .150 in the breath machine.
Result:	The State dropped the DUI.

Jun 12, 2004	Case: 048095-W	Judge Mills-Francis
Facts:	The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and subsequently refused the breath test.
Result:	The state dropped the DUI.

Jun 12, 2004	Case: 03-24329MM10A	Judge Zack
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and he admitted to drinking. According to the officer, he performed poorly on roadside tests and blew a .090 in the breath machine.
Result:	The state dropped the DUI.

Jun 7, 2004	Case: 085992-J	Judge Krieger-Martin
Facts:	The defendant was involved in an accident in which the vehicle flipped over. The trooper arrived and noticed an odor of alcohol, slurred speech and the defendant appeared confused and off balance. He performed poorly on roadside tests and blew a .174 in the breath machine.
Result:	The State dropped the DUI.

Jun 7, 2004	Case: 466367-W	Judge McWhorter
Facts:	The defendant was stopped for obstructing traffic. The officer observed bloodshot eyes, an odor of alcohol, slurred speech and the defendant could not maintain his balance. The defendant refused all sobriety tests. This was the defendant's 2nd offense.
Result:	The State dropped the DUI.

Jun 1, 2004	Case: 250795-W	Judge Bloom
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed all roadside tests and blew a .211 in the breath machine.
Result:	The State dropped the DUI.

May 20, 2004	Case: 03-021434MMA99	Judge Damico
Facts:	The defendant was stopped after allegedly failing to yield to a police officer’s vehicle. Once stopped, the officer noticed an odor of alcohol and slurred speech. Another officer was called to the scene to administer field sobriety exercises. The officer was in training and this was her second DUI investigation. She observed the defendant to stagger as he walked and perform poorly on roadside tests. The defendant was arrested for DUI and refused the breath test. This was the defendant’s second offense and marijuana was also found in the car.
Result:	Motions granted. The State dismissed the DUI and Marijuana charges.

May 17, 2004	Case: 575347-X	Judge Prescott
Facts:	The defendant was involved in an accident in which she ran into a house. The person who owns the house came outside and told her to stay and wait for the police. The defendant took off and was stopped in her car by another person in the neighborhood. She was detained by that person until the police arrived. When the police arrived, she told them she had been drinking and had taken Xanax. The officers observed balance problems, slurred speech, and odor of alcohol. She performed poorly on roadside tests. She refused to take the breath test. She was charged with DUI and Leaving the scene of an accident.
Result:	The State dropped the DUI.

May 14, 2004	Case: 04-515MM10A	Judge Levenson
Facts:	The defendant was stopped for swerving all over the road and hitting a curb. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all roadside tests and was arrested for DUI. He subsequently blew a .186 and told the officers he had 6 icehouse beers. This was his 2nd DUI.
Result:	The Judge dismissed the charges.

May 8, 2004	Case: 03-011382MM10A	Judge Zack
Facts:	The defendant was stopped for weaving on the roadway. The officer noticed an odor of alcohol and bloodshot eyes. The officer stated that the defendant performed poorly on all roadside tests. She was subsequently arrested for DUI and blew a .110 in the breath machine.
Result:	The State dropped the DUI.

May 4, 2004	Case: 316853-X	Judge Bloom
Facts:	An anonymous caller called stating the defendant was driving erratically through the parking lot at a shopping center. The officer subsequently stopped the vehicle. The officer observed no traffic infraction and no erratic driving pattern. The officer observed the defendant to have an odor of alcohol, slurred speech, and the defendant appeared off balance. The defendant performed poorly on roadsides and he had marijuana in the car. He blew a .256 in the breath machine.
Result:	The DUI was dismissed.

Apr 22, 2004	Case: 03-004192MM10A	Judge Diaz
Facts:	The defendant’s vehicle was stopped for swerving off the road. The officer stated that the defendant and another person in the vehicle switched seats. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. According to the officer, the defendant failed all roadside tests. She was arrested and blew a .103 in the breath machine.
Result:	The State dropped the DUI.

Apr 21, 2004	Case: 02-010912MM10A	Judge Robinson
Facts:	The defendant was stopped for almost colliding with 2 pedestrians. Inside his vehicle was a bottle of alcohol. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant was arrested and blew a .101 in the breath machine.
Result:	The State dropped the DUI.

Apr 11, 2004	Case: 2004-CT-8527-0	Judge Martinez
Facts:	The defendant was stopped in Orlando for failure to maintain a single lane for allegedly driving off the roadway on the grass one time. The trooper observed an odor of alcohol, thick tongued speech and balance problems. He performed poorly on roadside tasks on video and blew a .124 in the breath machine.
Result:	Just prior to the motion hearing, the State conceded the motion after reviewing the applicable Florida case law. The DUI was dismissed.

Apr 6, 2004	Case: 04-003395MM10A	Judge Murphy
Facts:	Officers came in contact with the defendant and observed an odor of alcohol on the defendant’s breath, slurred speech and blood shot eyes. After performing poorly on all field sobriety tests, the defendant was arrested for DUI and blew a .18 in the breath machine.
Result:	The DUI was dismissed.

Apr 3, 2004	Case: 03-10959MM10A	Judge Cowart
Facts:	The defendant was stopped for brake light not functioning. The defendant used her vehicle to exit and was unsteady while walking. She had two open bottles of beer in the car. She had an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. She failed all roadside tests and was arrested for DUI. The defendant blew a .218. (2nd offense)
Result:	After the argument, the prosecutor conceded the motion. The DUI was dropped.