DUI Wins

Jun 8, 2022	Case: 22-CT-000813	Judge Dekleva
Facts:	The defendant was the at fault driver in a rear end crash. The defendant had been transported to the hospital prior to the officer arriving on scene. The officer made contact with the defendant at the hospital and noticed an odor of alcohol, red/glossy eyes, and slurred speech. The defendant stated that he was driving fast and couldn't stop in time. The officer then attempted to have the defendant perform roadside tests in the hospital parking lot. He refused after a lengthy conversation back and forth. He was then arrested for DUI and later blew a .100 and .102 in the breath machine.
Defense:	The firm convinced the State that breath test was unreliable due to it being administered over five hours later. There was no way to scientifically show if the defendant was absorbing or eliminating alcohol. Also, we put forth that it is ridiculous that an officer would try to administer roadside tests after someone was just released from the hospital after a crash.
Result:	The State dropped the DUI.

Jun 8, 2022	Case: 21-CM-011119	Judge Farr
Facts:	The defendant was involved in a crash. Officers noticed an odor of alcohol, water/bloodshot eyes, and slurred speech. She also was unsteady and had dilated pupils. She only performed HGN (eye test) then refused to perform any others. While being arrested, she attempted to avoid being handcuffed and was also charged with resisting an officer without violence. She later refused the breath test.
Defense:	The firm pointed out that the defendant was not the at fault driver in the crash. In addition, on tape her speech was not slurred and she was not unsteady.
Result:	The State Dropped the DUI and the Resisting charge was Dismissed.

Jun 8, 2022	Case: 22-CT-000068	Judge Farr
Facts:	The defendant was stopped for speeding and driving with no lights. The officer noticed an odor of alcohol, glassy eyes, and he appeared lethargic. After performing various roadside tests, he was arrested for DUI. He later blew a .099 and .102 in the breath machine.
Defense:	Under the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit.
Result:	The State dropped the DUI.

Jun 6, 2022	Case: 21-CT-504371	Judge Hayward
Facts:	The defendant was the at fault driver in a sideswipe crash. He swerved into another lane and hit the other driver’s side fender. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and he lost his balance. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	When a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences.
Result:	The State dropped the DUI.

Jun 6, 2022	Case: 22-CT-500398	Judge Paluck
Facts:	The defendant was found passed out in his car with the driver's door open in a 7-11 parking lot. A witness called police that the defendant was urinating on the side of the building. It took a while for police to wake him up after numerous nudgings and verbal commands. The keys were in his front pocket and he had stated he had drank 4 or 5 drinks at a bar. Officers observed an odor of alcohol, slurred speech, and glossy eyes. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. He later blew a .158 and .152 in the breath machine.
Defense:	The defendant was not in actual physical control as he had no "capability" to operate the car while he was sleeping, none the less with the driver's door open.
Result:	The State dropped the DUI.

Jun 2, 2022	Case: 19-CT-504590	Judge Hayward
Facts:	The defendant was stopped after making an illegal U-turn. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The officer also saw an empty bottle of Corona beer in the car as well. He then performed various roadside tests such as the HGN, walk and turn, and the one leg stand. He was then arrested for DUI and later refused the breath test.
Defense:	There was no video in the case and the police reports were very vague.
Result:	The State dropped the DUI.

Jun 2, 2022	Case: 20-CT-503366	Judge Hayward
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He admitted to drinking alcohol and his appearance was sluggish. He then performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The video contradicted almost every observation written in the police reports. His speech was not slurred or mumbled, and he did not appear sluggish on tape. His field sobriety test performance was much better on tape than as described by the exaggerated reports.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-014050	Judge Jeske
Facts:	The defendant was stopped for weaving, speeding up, and then slowing down for no apparent reason. The Officer observed an odor of alcohol, watery eyes, and he admitted to having drank two beers. He also had a continuous sway while standing. After performing roadside tests, he was arrested for DUI. After being arrested, he blew a .158 and .146 in the breath machine.
Defense:	After several conversations with the prosecutor just prior to trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-015413	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot/water eyes. He also appeared to have unstable balance. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .160 and .163 in the breath machine.
Defense:	Prior to trial, after several negotiations between the State and the firm, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-008878	Judge Jeske
Facts:	The defendant was stopped for driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .125 in the bath machine.
Defense:	Just prior to trial, the defense pointed out various inconsistencies in the police reports versus the video tape.
Result:	The State dropped the DUI.

May 31, 2022	Case: 21-CT-002957	Judge Wansboro
Facts:	The defendant was stopped after he drove off the road into shrubbery. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had an orbital body sway. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .146 and a .146 in the breath machine.
Defense:	After negotiations with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 25, 2022	Case: AEBMMME	Judge Hessinger
Facts:	The defendant was stopped after a BOLO went out about the defendant's erratic driving called in by a civilian. When the officer spotted the defendant, he also observed the defendant weaving. After the traffic stop, the officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared unsteady. He also had dilated pupils and appeared to be moon walking when he was walking around. He then performed various roadside tests such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.
Defense:	After several pretrial negotiations with the State about the evidence and the defendant himself, they Dropped the DUI.
Result:	The State dropped the DUI.

May 17, 2022	Case: 21-CT-010090	Judge Jeske
Facts:	The defendant was stopped for speeding, for driving 90 mph in a 45mph zone. The officer observed an odor of alcohol, slow/slurred speech, and glassy eyes. The defendant stated she had drank two long island iced teas. After refusing to perform roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	If a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. Here the officer did not follow the law and arrested her immediately upon her refusal. Thus, the defendant's refusal would have been excluded from evidence. In addition, on tape, her speech was not slurred. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

May 17, 2022	Case: 21-CT-013451	Judge Jeske
Facts:	The defendant was stopped for sitting through several light cycles. When officers approached him, they observed an odor of alcohol, slurred speech, and bloodshot eyes. He was also very unsteady on his feet. After performing poorly on roadside tests , he was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the State about the vagueness of the officer's reports, they Dropped the DUI.
Result:	The State dropped the DUI.

May 16, 2022	Case: 20-006408MU10A	Judge Lerner-Wren
Facts:	The defendant was observed passed out in his vehicle with the engine running at the entrance to his security gate. The officer woke the defendant up and observed a strong odor of alcohol, bloodshot watery eyes, as well as slurred speech. When asked if he knew where he was, the defendant gave the name of a completely different city. The defendant performed poorly on a series of field sobriety exercises and was arrested for DUI. He subsequently refused to submit to a breath test. This was the defendant's second DUI.
Defense:	Counsel took the deposition of the arresting officer. In an effort to answer specific questions about the incident, the officer's recollection was extremely poor. Parks & Braxton filed a motion to suppress the evidence as a result of no probable cause to make a lawful arrest. At the hearing, the officer's testimony was inconsistent with his reports. As a result, the Judge granted the motion to suppress.
Result:	The DUI was dismissed.

May 11, 2022	Case: 21-CM-010932	Judge Farr
Facts:	The defendant was detained by police when the police boarded his boat for a safety inspection as he pulled up to the dock. They noticed an odor of alcohol, unsteadiness, slurred speech, and bloodshot eyes. When asked to perform roadside tests, he became very combative and refused. He was then arrested for boating under the influence (BUI). He later refused the breath test.
Defense:	The firm announced ready for trial. Prior to trial, we had the State watch the video. There was no probable cause to arrest him for BUI and it was obvious they were just arresting him because he was being combative and argumentative while proclaiming his innocence.
Result:	The State Dropped the BUI and he received no conviction and no penalties.

May 10, 2022	Case: 22-CT-000571	Judge Woodard
Facts:	The defendant was stopped for weaving. He is alleged to have left his lane multiple times and also followed another car too closely. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed 2 alcoholic beverages. He then performed various roadsides such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.
Defense:	The defendant told the officer he had various medical issues prior the roadside tests, yet the officer still did the physical exercises with him. This was brought to the attention of the State and after a review of the facts, they Dropped the DUI.
Result:	The State dropped the DUI.

May 9, 2022	Case: 21-CT-012921	Judge Oster
Facts:	The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and she appeared unsteady. A bottle of Corona with a lime was found inside the car. After performing field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	After numerous conversations with the prosecutor about the defendant and evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 9, 2022	Case: 21-CT-013106	Judge Oster
Facts:	The defendant was found passed out in his vehicle in someone's driveway. The homeowner called the police about a suspicious vehicle in their driveway. Officers found the defendant passed out in his truck with the engine running. They noticed the defendant to have an odor alcohol, slurred speech, and blood shot eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .150 and .135 in the breath machine.
Defense:	When the defendant blew into the machine three other times prior the police obtaining the above results, there was a problem with the machine as it kept purging. Also, one of the control tests was out of range. The control test is supposed to be between .075 and .085, however, on one of his blows it was .074 (out of range). Due to problematic issues with the machine, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 3, 2022	Case: 21-002891MU10A	Judge Mollica
Facts:	The defendant was found passed out behind the wheel blocking an exit lane to a parking lot. Officers noticed an odor of alcohol, mumbled speech, and a fatigued look on his face. He also had glassy eyes and he appeared unsteady. The defendant was nonresponsive to the officer’s questions. The officer found a bottle of Patron tequila on the passenger seat. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. After several conversations about the evidence with the prosecutor, the State Dropped the DUI on the day of trial.
Result:	The State dropped the DUI.