DUI Wins

Jun 22, 2010	Case: 7496-GGW	Judge Huey
Facts:	The defendant was stopped for running a red light and straddling the lane markers. The officer noticed glassy eyes, fumbling with his documents, and difficulty with depth perception. He also noticed the defendant had unusual movements and was very animated. The defendant performed the roadside tests and according to the officer he failed everyone of them. He was arrested for DUI on the probable cause that he was impaired by a chemical and/or controlled substance.
Result:	The State Dismissed the DUI.

Jun 21, 2010	Case: 1402-XED	Judge Ortiz
Facts:	The defendant was the at fault driver in a rear end crash. The officer who arrived first observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance. He performed very poorly on the roadside tests. For example, on the one leg stand test, he put his foot down and swayed. On the walk and turn test, he stepped off the line, lost his balance, and did not touch heel to toe. He was arrested for DUI and then blew a .277 and .269 in the breath machine. This was the defendant's second DUI.
Result:	The State Dropped the DUI.

Jun 15, 2010	Case: 08-026630MM10A	Judge Murphy
Facts:	The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall.
Result:	The State dropped the DUI on the morning of trial.

Jun 14, 2010	Case: 09-022623MM10A (JURY TRIAL)	Judge Ireland
Facts:	The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test.
Result:	The Jury found the defendant NOT GUILTY.

Jun 14, 2010	Case: 5064-XDY (JURY TRIAL)	Judge Ortiz
Facts:	The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI.
Result:	In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI.

Jun 12, 2010	Case: 48-2009-CT-000771-E	Judge Allen
Facts:	The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine.
Result:	On the morning of trial, the DUI was Dismissed.

Jun 12, 2010	Case: 48-2009-CT-006663-O	Judge Shoemaker
Facts:	The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test.
Result:	On the morning of trial, the DUI was Dismissed.

Jun 12, 2010	Case: 09-003338MM10A	Judge Seidman
Facts:	The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Jun 7, 2010	Case: CT-005923-XEC	Judge Huey
Facts:	The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI.
Result:	The State Dropped the DUI.

May 26, 2010	Case: 09-015087MM10A	Judge Murphy
Facts:	The defendant hit a parked car in a parking lot. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking. On the one leg stand test, the defendant could only hold his foot up for 4 seconds then could not complete the task. On the finger to nose test, the defendant missed his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Result:	The State Dropped the DUI.

May 26, 2010	Case: 09-3124MM10A (JURY TRIAL)	Judge Robinson
Facts:	The defendant was stopped for speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The officer who responded observed the same as above plus a flushed face, stumbling, and the defendant holding the car door for support. The defendant refused to perform the roadsides. He was arrested for DUI and then refused the breath test. This was the defendant's fourth DUI arrest.
Result:	The Jury found the defendant Not Guilty. It should be noted, the firm won the defendant's third DUI arrest for DUI at a jury trial also.

May 20, 2010	Case: CT-001285-XDY	Judge Thomas
Facts:	The defendant crashed his car into a telephone pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. He was slow to respond to the officers' commands and had glassy/droopy eyes. He refused to do the roadside tests and then refused the breath test. This was the defendant's second DUI.
Result:	The State Dropped the DUI.

May 19, 2010	Case: 09-007486MM10A	Judge Lazarus
Facts:	The defendant was stopped for driving 63mph in a 35mph zone. The stopping officer was a member of the DUI task force. His initial observations were an odor of alcohol, bloodshot/watery eyes, slurred speech, lethargic movements and a flushed face. The deputy observed swaying while the defendant exited the vehicle. Based on the observations, the deputy requested that the defendant perform field sobriety tests. On the walk and turn test the defendant failed to touch heel to toe and stepped off the line. On the one leg stand test the defendant dropped his foot four separate times. On the finger to nose test the defendant failed to touch the tip of his nose on all six attempts. The defendant was arrested for DUI and provided a urine sample which tested positive for cannabis.
Result:	The State dropped the DUI on the morning of trial.

May 18, 2010	Case: 2009-CT-009929AXXX (JURY TRIAL)	Judge Bonavita
Facts:	The defendant was stopped for driving 100 mph in a 45 mph zone. The officer who made the stop observed an odor of alcohol, delayed responses, extremely slurred speech, and red/glassy eyes. He then called for another officer to conduct the DUI investigation. The other officer, who was doing his first DUI investigation, observed slurred speech, an odor of alcohol, a slight sway, and the defendant admitted to having three beers. The defendant agreed to perform the roadside tests which were not video taped. He performed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .141 and .138 in the breath machine.
Result:	The Jury found the defendant NOT GUILTY.

May 11, 2010	Case: 2010-CT-001793AXX	Judge Moyle
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. He admitted to drinking a long island iced tea. He performed poorly on roadside tests according to the officer. For example, on the walk and turn, he raised his arms, failed to touch heel to toe, and stepped off the line. On the one leg stand, he swayed and did not look at his foot. On the finger to nose, he did not touch the tip of nose several times. After his arrest for DUI, he blew a .139 and .135 in the breath machine.
Result:	The State Dropped the DUI.

May 10, 2010	Case: 2010-MM-004357A	Judge Woodard
Facts:	The defendant was stopped for driving on the rim of his tire with sparks flying. The officer noticed an odor of alcohol, bloodshot eyes, an the defendant stated he drank 2-3 beers. He was then asked to perform the roadside tests to which he complied. For example, on the walk and turn, he failed to touch heel to toe and lost his balance. On the one leg stand, he put his foot down and did not look at his foot. After his arrest, he blew a .176, .132, and .138 in the breath machine.
Result:	The State Dropped the DUI.

May 4, 2010	Case: 2009-CT-3067	Judge Townsend
Facts:	The defendant was stopped for driving under the influence. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the two officers on scene, he failed the field sobriety tests. He was arrested for DUI and then refused the breath test.
Result:	The State Dropped the DUI.

May 4, 2010	Case: 8126-XEJ	Judge Ortiz
Facts:	The defendant was stopped for running a red light and speeding. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadside tests. For example, on the walk and turn, she lost her balance, stepped off the line, and took more than the required nine steps. On the one leg stand, she put her foot down, swayed, and used her arms for balance. She was arrested for DUI and then blew a .137 and .133 in the breath machine.
Result:	The State dropped the DUI.

May 1, 2010	Case: 09-115MM10A	Judge Ross
Facts:	The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test.
Result:	THE STATE DROPPED THE DUI on the morning of the trial.

Apr 28, 2010	Case: 09-0631XBZTES-14	Judge Sestak
Facts:	The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI.
Result:	The State Dropped the DUI.