DUI Wins

Aug 12, 2003	Case: 245333-W	Judge Figarloa
Facts:	The defendant stopped to ask the officer for directions. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She was unsteady on her feet and performed poorly on all field sobriety tests. The officer had to explain the instructions several times. The defendant refused to take a breath test.
Result:	The State dropped the DUI.

Aug 12, 2003	Case: 245581-W	Judge Kreiger-Martin
Facts:	The defendant was involved in an accident whereby he allegedly was hit by a man on a scooter. The man on the scooter left the scene prior to the officers arriving. Upon arrival, the defendant admitted to being the driver and after the officer noticed an odor of alcohol and unsteadiness, the defendant was asked to submit to field sobriety tests in which he performed poorly. After being arrested for DUI, the defendant blew a .236 in the breath machine.
Result:	The State dropped the DUI.

Aug 7, 2003	Case: 03-001280TCA99	Judge Gerber
Facts:	The defendant was stopped for speeding. Once stopped, the deputy observed an odor of alcohol and bloodshot eyes. The defendant admitted to having five beers. He then performed roadsides on video. He was arrested an blew a .098 in the breath machine.
Result:	The State dropped the DUI.

Aug 4, 2003	Case: 02-002002MM10A	Judge Trachman
Facts:	The defendant was stopped for driving the wrong way on A1A. The defendant performed below standards on the field sobriety tests and subsequently blew a .098 on the intoxilyzer.
Result:	The State dropped the DUI just before trial.

Jul 21, 2003	Case: 265806-W	Judge Reyes
Facts:	The defendant was involved in a multi car accident and charged with 9 counts of DUI person and property damage. Some of the victims were ejected from their vehicles. At the scene, the defendant’s blood was taken with a result of .276.
Result:	The State dropped all 9 counts of the DUIDUI PropertyPersonal injury Damage.

Jul 18, 2003	Case: 02-001554MM10A	Judge Trachman
Facts:	The defendant was stopped for unlawfully screeching his tires. The deputy noticed bloodshot eyes, slurred speech and an odor of alcohol. The defendant failed all roadside tests and was arrested for DUI. The defendant told the deputy he was going to get a gun and shoot him if he ever saw him on the street. He blew a .091.
Result:	The State dropped the DUI. (This was the 2nd time the defendant was arrested for DUI. The firm won both cases.

Jul 16, 2003	Case: 02-015570MM10A	Judge Lazarus
Facts:	The defendant was stopped for driving recklessly. The officer made several observations that he believed were consistent with DUI. He was subsequently arrested for DUI.
Result:	The State dropped the DUI after conceding that the officer lacked credibility.

Jul 15, 2003	Case: 574738-X	Judge Figarola
Facts:	The defendant was involved in an accident in which he crossed into the opposite lane of travel and hit a police officer. The defendant had an odor of alcohol, fumbled with his driver’s license, and low speech. The officers stated that the defendant was unsteady on his feet. The defendant performed poorly on roadsides and was arrested for DUI.
Result:	The State dropped the DUI.

Jul 14, 2003	Case: 265994-W	Judge Newman
Facts:	The defendant was stopped for running a stop sign and driving erratically. The officer who stopped him stated he observed slurred speech, and an odor of alcohol. The defendant was allegedly off balance. The arresting officer only did two roadsides. The defendant refused to give a breath sample.
Result:	The State dropped the DUI.

Jul 10, 2003	Case: 1746, 47-BZD	Judge Newman
Facts:	The defendant was involved in an accident. The officer noticed an odor of alcohol, slurred speech, and the defendant had difficulty standing up without assistance. The officer ordered that his blood be drawn and his results were .314 (almost four times the legal limit). Depositions of all the officers were taken in the case.
Result:	The State dropped the DUI.

Jun 30, 2003	Case: 395104-W	Judge Bloom
Facts:	The defendant was stopped outside a club due to an alleged altercation inside the bar. Once stopped, the officers observed slurred speech, an odor of alcohol, and bloodshot eyes. The defendant performed poorly on roadsides and blew a .247 into the breath machine.
Result:	The State dropped the DUI.

Jun 16, 2003	Case: 051894-W	Judge Krieger-Martin
Facts:	The defendant was involved in an accident. He was unsteady on his feet, had slurred speech, and an odor of an alcoholic beverage. The defendant performed poorly on roadsides and blew a .11 in the breath machine.
Result:	The State dropped the DUI.

Jun 3, 2003	Case: 01-009909MM10A	Judge Diaz
Facts:	The defendant was stopped at a sobriety checkpoint. He was asked to perform field sobriety tests which he allegedly failed, and blew a .165 on the intoxilyzer.
Result:	The motion was stipulated to by the State, and the DUI was dropped.

Jun 1, 2003	Case: 317747-X	Judge Figarola
Facts:	The defendant was observed by the officer driving without his head lights. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. The defendant refused to take a breath test.
Result:	The State dropped the DUI and the defendant received no conviction for any crime on his record.

May 27, 2003	Case: 342099-W	Judge Mills-Francis
Facts:	The defendant was stopped for speeding. The speeding occurred in Surfside, however, the defendant was stopped in Bal Harbor. A North Bay Village officer responded to conduct the DUI investigation. The defendant performed poorly on the roadsides and blew a .131 on the Breath machine.
Result:	The State dropped the DUI.

May 19, 2003	Case: 02-007168MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was allegedly seen driving home recklessly by his neighbor. She stated that he then passed out drunk in his car. The defendant was placed on video upon arrest and failed every sobriety test.
Result:	The state attorney’s office dropped the DUI in the middle of trial.

May 19, 2003	Case: 266860-X	Judge Krieger-Martin
Facts:	The defendant was pulled over for driving over 100 miles per hour. The officer observed the defendant to be unsteady, have slurred speech, and an odor of alcohol on his breath. The defendant performed several roadsides poorly according to the officer and he refused to take a breath test.
Result:	The State dropped the DUI.

May 19, 2003	Case: 373565-W	Judge Reyes
Facts:	The defendant was pulled over for allegedly driving at an officer while he was conducting a traffic stop. The officer observed beer in the car and the defendant admitted drinking too much. She performed poorly on roadside tests and blew a .15 in the breath machine.
Result:	The State dropped the DUI.

May 19, 2003	Case: 317761-X	Judge Newman
Facts:	The defendant was involved in an accident as he hit a bus stop. The officer observed the defendant staggering around as he arrived. Also, the defendant was given roadsides which he performed poorly. Officers observed an odor of alcohol and slurred speech. The defendant admitted drinking whiskey to the officer.
Result:	The State dropped the DUI.

May 11, 2003	Case: 03-11012MMA	Judge Manalich
Facts:	The defendant was stopped for speeding and striking a curb. The officer observed an odor of alcohol, bloodshot eyes, and the defendant refused to listen to the officer’s instructions.
Result:	The State dropped the DUI.