DUI Wins

Jun 18, 2013	Case: 2012-CT-003563AXXX	Judge Eissey
Facts:	The defendant was the at fault driver in a traffic crash whereby he crashed into a barrier wall. The lead officer on scene observed the defendant to have an odor of alcohol, slurred speech, unsteadiness, the defendant was disoriented, and he admitted drinking. The defendant was transported to the hospital by fire rescue due to his injuries as he was bleeding profusely. The lead officer then met the defendant while he was in a hospital bed due to his injuries. Since the officer could not take the defendant to jail for for a breath test, he requested a blood sample from the defendant. The defendant complied to the officer's request. The blood was then sent to the toxicology lab and revealed a blood alcohol level of .178 and .177. Once the officer was later notified that the blood alcohol level was over the legal limit, the State then charged the defendant with DUI.
Defense:	Parks & Braxton took a pre-trial deposition of the lead officer. At deposition, testimony was taken under oath from the officer who ordered the blood draw. It was pointed out in sworn testimony that the blood lab analysis request form that the officer sent with the the defendant's blood vile to the lab had a totally different age, height and weight versus the actual defendant's age, height, and weight. Medical records of the defendant were also ordered by the defense from the hospital which also showed that the attending nurse observed no odor of alcohol on the defendant, no slurred speech, and no signs of intoxication at all while he was in the emergency room. That completely contradicted the lead officer's observations. The firm announced ready for jury trial.
Result:	The State dropped the DUI.

Jun 17, 2013	Case: 6650-XEM	Judge Ortiz
Facts:	The defendant was first scene in his car in an alleged high crime / prostitution area. Officers then saw a woman subsequently get in and out of his car after an unknown period of time. They then followed the defendant and conducted a traffic stop. Once stopped, officers observed the defendant to have an odor of alcohol, sluggish movements, and blood-shot eyes. They then called for a DUI Unit to come and further investigate. The defendant admitted to drinking and failed every road side test. He was then arrested for DUI. After his arrest, he blew a .114 and .117 in the breath machine. This was the defendant's Second DUI.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime which would give rise to legally stopping the defendant's vehicle. The Judge agreed, Granted the motion, and threw out all of the evidence.
Result:	The DUI was dismissed.

Jun 14, 2013	Case: 2011-CT-020438AXXX	Judge Damico
Facts:	The defendant was rear-ended by another car. When officers arrived, they observed the defendant to have an odor of alcohol, slow speech, and blood-shot eyes. He stated that he had drank a couple of beers. According to the arresting officer, he did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and .128 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Jun 14, 2013	Case: 2010-CT-001426AXXX	Judge Damico
Facts:	The defendant was stopped for driving in the wrong direction down a one way street. Officers observed an odor of alcohol, slightly slurred speech, and she admitted to having a couple of drinks. She then performed the roadside tasks which were not video taped and was arrested for DUI. After her arrest, she blew a .099 and .097 in the breath machine.
Defense:	Parks & Braxton took pre-trial depositions of the two officers involved in the case and were ready for trial.
Result:	The State dropped the DUI.

Jun 14, 2013	Case: 2012-CT-018616AXXX	Judge Damico
Facts:	The defendant was stopped for driving with an inoperable tag light. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he repeated many of the same statements to the officer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .194 and .199 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Jun 14, 2013	Case: 2012-CT-021867AXXX	Judge Bryson
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant admitted to having a few drinks. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a ..201 and .205 in the breath machine.
Defense:	Parks & Braxton were prepared for trial.
Result:	The State dropped the DUI.

Jun 7, 2013	Case: 2013-CT-002312AXXX	Judge Bryson
Facts:	The defendant was seized by the police as he was passed out and slumped over the wheel at an intersection. Cars were going around the defendant and honking their horns. Officers observed the defendant to have an odor of alcohol on his breath, slurred speech, and blood-shot eyes. He also was also very hostile towards the police. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Jun 7, 2013	Case: 2012-CT-011562AXXX	Judge Eissey
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking 2-3 beers and a shot. He also fumbled with his wallet while in the car. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .109 and .109 in the breath machine.
Defense:	Parks & Braxton were ready and prepared for trial.
Result:	The State dropped the DUI.

Jun 7, 2013	Case: 2013-CT-005401AXXX	Judge Bonavita
Facts:	The defendant was stopped for weaving and driving with no head lights. The officer observed the defendant to have an odor of alcohol, mumbled speech, and droopy eye lids. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State dropped the DUI.

May 29, 2013	Case: CT-6238-XEP	Judge Dominguez
Facts:	The defendant was involved in a one car crash whereby he drove off the roadway into a ditch. The officers who came on scene observed the defendant to have an odor of alcohol, red eyes, and slurred speech. He was cursing at the officers numerous times on video tape and very combative. He refused to perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

May 29, 2013	Case: CT-9196-WPP	Judge McNeil
Facts:	The defendant was in the passenger seat of the motor vehicle as his wife was actually driving. She alleged to the police that he reached over and "grabbed control of the steering wheel" causing the vehicle to crash into a concrete barrier wall. Prior to the defendant being taken to the hospital for his injuries, the officer noticed him to have an odor of alcohol, blood-shot eyes, and his speech not understandable. At the hospital, the officer requested the defendant provide a blood sample to which he complied. The lab results revealed his blood alcohol level was a .174. He was then charged by the State with DUI.
Defense:	Parks & Braxton pointed out to the State that the defendant could not have been in "actual physical control" of the motor vehicle as he was not only not in the driver's seat during the crash, but also had no access to the pedals in the car. Thus, he had no "capability" of truly operating the motor vehicle. Furthermore, we also pointed out to the State that the wife told police that the two were "arguing" in the car per the wife at the time of the crash and she was also investigated for being DUI.
Result:	The DUI was dismissed.

May 28, 2013	Case: 6441-XEQ	Judge Seraphin
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, a flushed face, and slurred speech. The defendant also used the door for balance. According to the officers on site, they did not perform any roadside tests for the defendant's safety due to severe balance issues. He was then arrested for DUI. After his arrest, he blew a .271 and a . 272 in the breath machine.
Defense:	Parks & Braxton prepared for trial.
Result:	The State dropped the DUI.

May 28, 2013	Case: 2013-CT-000462-A-O-X	Judge Craner
Facts:	The defendant was initially involved in a crash. The officer then followed the defendant and observed him weaving. Once stopped. the officer observed the defendant to have an odor of alcohol, glossy eyes, he seemed confused, and was swaying. He refused to perform the the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton announced ready for trial and were prepared to try the case.
Result:	The State dropped the DUI.

May 23, 2013	Case: CTC125720XDJANC	Judge Dittmer
Facts:	The defendant was found asleep in his car in a parking lot by police. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant was unsteady and disoriented. According to the officer, he failed the video taped roadside tests by displaying numerous signs of intoxication. He was then arrested for DUI and after his arrest he refused the breath test. This was the defendant's second DUI arrest within five years.
Defense:	Parks & Braxton pointed out to the State prior to jury trial that the defendant had no "capability" of operating the motor vehicle while asleep. Thus, he could not have been in "actual physical control" of the vehicle.
Result:	The State dropped the DUI.

May 21, 2013	Case: CT-5919-XEP	Judge Conrad
Facts:	The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and fumbling fingers. The defendant admitted to drinking five glasses of wine over the course of the entire night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .115 and .122 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that on the video tape, none of the defendant's "normal faculties" were impaired during the field sobriety tests and that his breath alcohol content may have been lower than the legal limit at the "time of driving."
Result:	The State dropped the DUI.

May 15, 2013	Case: CT-9800-XEG	Judge Courtney
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had bands from bars on his wrist. The defendant began to do the walk and turn test on video tape and then stopped and refused to continue the rest of the field sobriety tests. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State dropped the DUI.

May 15, 2013	Case: CT-5658-XGA	Judge Courtney
Facts:	The defendant was the at fault driver in a crash whereby he ran off the road into the woods and the vehicle flipped over. Officers observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officers, he failed the roadside tests which were video taped and then he was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense:	Parks & Braxton pointed out to the State the on scene video tape of the roadside tests was destroyed and/or corrupted. Thus, there was the potential destruction of material evidence as nobody could say what actually happened to the original video tape.
Result:	The State dropped the DUI.

May 13, 2013	Case: 0355-XFE	Judge Altfield
Facts:	The defendant crashed his car off the road into a light pole and several trees. Fire rescue arrived, treated the defendant, and transported him to the hospital where the police then met him. At the hospital, the defendant admitted to the officers to taking Ambien and smoking marijuana just before driving his car. He also stated that he felt the drugs "kicking in." The officers had him perform field sobriety tests which he failed at the hospital. The defendant was requested to provide a blood sample to which he complied. He was then arrested for DUI (controlled and/or chemical substance) and taken to the jail. The blood work was then sent off to the toxicology lab for analysis.
Defense:	On the morning of jury trial, Parks & Braxton pointed out that the State had violated the discovery rules by not providing the toxicology lab results in a timely fashion. The speedy trial time frame had run out on the State to bring the defendant to trial.
Result:	The DUI was dismissed.

May 13, 2013	Case: 2013-CT-002196-A-O-X	Judge Barlow
Facts:	The defendant was found by police passed out behind the wheel of her car at an intersection. The officer noticed an odor of alcohol, bloodshot-eyes, and slurred speech. The defendant performed field sobriety tests on video tape and showed numerous signs of intoxication. She also admitted drinking numerous glasses of champagne. She even fell down at one point on tape. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton announced ready for trial and were prepared the morning the case was set.
Result:	The State dropped the DUI.

May 10, 2013	Case: 2013-CT-001645-O-X	Judge Bigney
Facts:	The defendant crashed her car into a utility pole. The officer observed the defendant to have an odor of alcohol, red eyes, and slow speech. She also appeared dazed and confused. The defendant also stated she had a few drinks. According to the officer, she performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton pointed out to the State prior to trial that they would have a difficult time placing the defendant in "actual physical control" of the car at the time of the crash based on the reports.
Result:	The State dropped the DUI.