DUI Wins

Apr 11, 2022	Case: 21-CT-008106	Judge Bigney
Facts:	The defendant crashed his car into a concrete barrier on the interstate. Officers observed an odor of alcohol, glassy eyes, and slurred speech. He also appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The firm announced ready for trial. The State and the police department never turned over the video with the roadsides in a timely matter. On the day of trial, due to the discovery issue, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 7, 2022	Case: 21-CT-020277	Judge Zuckerman
Facts:	The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, his movements were slow and uncoordinated, and he admitted to having consumed vodka. His eyes were red and his speech was slurred. After performing various roadside tests, he was arrested for DUI. He later blew a .173 and a .159 in the breath machine.
Defense:	After several conversations with the prosecutor about the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 5, 2022	Case: 21-CT-011175	Judge Oster
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, watery eyes, and slurred speech. She also admitted to having drank wine. After performing various roadside tests, she was arrested for DUI. She later blew a .134 and a .131 in the breath machine.
Defense:	After several conversations with the State regarding various issues in the discovery, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 5, 2022	Case: 21-CT-012354	Judge Oster
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot/glassy eyes, and delayed verbal communication. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	After several conversations with the prosecutor, we pointed out that based on the video tape evidence, there was no probable cause to arrest him. The State agreed and Dropped the Defendant's Second DUI and he received no conviction and no penalties.
Result:	The State dropped the DUI.

Apr 1, 2022	Case: 21-CT-053341	Judge Silverman
Facts:	The defendant was stopped for drifting and speeding. The officer noticed an odor of alcohol, as well as an odor of marijuana. The defendant's speech was slurred and she appeared clumsy and drowsy. She then performed various field sobriety tests and was subsequently arrested for DUI. She later blew a .133 and a .122 in the breath machine.
Defense:	After several talks with the prosecutor about the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 29, 2022	Case: ADW4OEE	Judge Croff
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, a dazed look, and bloodshot eyes. She admitted to having drank champagne and had slurred speech. The defendant also swayed and staggered. After performing various roadside tests, she was arrested for DUl. She later blew a .117 and a .122 in the breath machine.
Defense:	Many observations that the officer wrote in his reports, such as slurred speech and balance issues, were refuted by the video tape.
Result:	The State dropped the DUI.

Mar 29, 2022	Case: AENLH3E	Judge Lawhorne
Facts:	The defendant was stopped for weaving, drifting on the lane markers, and driving up on the raised concrete median. The officer noticed an odor of alcohol, a slur to his speech, and heavily watery/glassy eyes. He also had a dazed/drowsy look and a flushed face. After performing several roadside tests, such as the walk and turn, one leg stand, and finger to nose, he was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations and discussions with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 25, 2022	Case: 21-CT-050654	Judge Garagozlo
Facts:	The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred/dry mouth speech, and bloodshot eyes. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.
Defense:	Issues were raised as to the lawfulness of traffic stop. The description of the driving pattern was very vague.
Result:	The State dropped the DUI.

Mar 25, 2022	Case: 21-CT-020159	Judge Peacock
Facts:	The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, however, the officer observed bloodshot eyes, a dazed look, swaying, and unsteadiness. She also walked slow and had constricted pupils and very slurred speech. Believing she was impaired by drugs, the officer had her perform roadside tests. She was then arrested for DUI. She later provided a urine sample which showed Xanax and Ambien. This was the defendant's Second DUI.
Defense:	On tape, the officer had the defendant doing the roadside tests very far from the camera and she could hardly even be seen. Also, he had her do them on the dirt, not a smooth level pavement.
Result:	The State Dropped the defendant's Second DUI.

Mar 25, 2022	Case: 21-CT-052648	Judge Peacock
Facts:	The defendant was the at fault driver in a rear end crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. His movements were slow and he appeared to sway. After performing roadside tests, he was arrested for DUI. He later blew a .217 and a .217 in the breath machine.
Defense:	After several conversations with the prosecutor, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 25, 2022	Case: 21-CT-050603	Judge Garagozlo
Facts:	The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank three beers. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The defendant performed the field sobriety tests much better on tape than as described. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 24, 2022	Case: 21-CT-013582	Judge T. Brown
Facts:	The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. He also had red/bloodshot eyes, was lethargic, and had mood swings. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	The firm pointed out to the State that the entire DUI investigation took place while the defendant was seated in his car. Prior to arresting the defendant, the officer never placed him in front of his dash camera so one could see how he was standing, walking, or even acting. One couldn't even hear whether the defendant's speech was actually slurred or not.
Result:	The State Dropped the defendant's Second DUI.

Mar 22, 2022	Case: 21-CT-502310	Judge Swett
Facts:	The defendant was stopped for weaving six times from the middle lane into the right and left lanes of travel. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant struggled to unlock his glove compartment and also appeared unsteady outside the car. He then performed various roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The defendant immediately told the officer that he was weaving because he needed an alignment. Also, the written report was highly exaggerated about the defendant's level of impairment as compared to the video tape. The firm announced ready for trial and the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 21, 2022	Case: 21-CT-002506	Judge D. Roberts
Facts:	A call went out about a reckless driver. Civilians called 911 stating that the defendant was all over the road. The civilians ended up stopping the defendant due to his erratic driving. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and a dazed look. He struggled to exit the vehicle, used the car for balance, and he almost fell. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest.
Result:	The State dropped the DUI.

Mar 21, 2022	Case: 21-MM-003709	Judge D. Roberts
Facts:	The defendant was stopped for driving with her high beams on. The officer noticed an odor of alcohol, slurred speech, and she stated she had one beer. The defendant performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused the breath test. Marijuana was found and she was also charged with possession.
Defense:	After several negotiations, we pointed out that on tape the defendant's speech was not slurred and she did not appear to be impaired. Thus, we pointed out that there was lack of probable cause to arrest her. The State Dropped the DUI and she also received no conviction in the possession charge.
Result:	The State dropped the DUI.

Mar 15, 2022	Case: 21-CT-003395	Judge Oster
Facts:	The defendant was stopped for speeding and failing to have her lights on. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI. She later refused the breath test.
Defense:	The firm announced ready for trial. Prior to trial, we pointed out that on tape, her speech was not slurred at all. In addition, the video tape performance of her roadside tests clearly showed a lack of probable cause to arrest her.
Result:	The DUI was dismissed.

Mar 15, 2022	Case: 21-CT-009500	Judge Oster
Facts:	The defendant was stopped for weaving. Upon the stop of the defendant's car, the officer noticed an odor of alcohol, glassy eyes, and he admitted to having consumed one drink. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop.
Result:	The State dropped the DUI.

Mar 11, 2022	Case: 21-CT-018370	Judge Bonavita
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he had mood swings. The defendant also exhibited a short attention span and was forgetful. The defendant only performed the HGN (eye tests) and walk and turn. He refused to perform all other tests and was arrested for DUI. He later blew a .246 in the breath machine but failed to provide second sample so they called it a refusal.
Defense:	After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 9, 2022	Case: AEBMBZE	Judge Komninos
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and dilated pupils. His speech was also slow, slurred, and mumbled. He performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and a .142 in the breath machine.
Defense:	There were several inconsistencies in the discovery. After discussion with the prosecutor, the State Dropped the DUI.
Result:	The State dropped the DUI.