DUI Wins

Jun 24, 2009	Case: 05-018177MM10A (JURY TRIAL)	Judge Berman
Facts:	The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
Result:	After jury selection, the State Dropped the DUI.

Jun 23, 2009	Case: 359635-X (JURY TRIAL)	Judge Ortiz
Facts:	The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
Result:	In the middle of jury selection, the State Dropped the DUI.

Jun 22, 2009	Case: 8050-XEJ	Judge Bloom
Facts:	The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
Result:	The State Dropped the DUI on the morning of trial.

Jun 22, 2009	Case: 3338-FLB	Judge Ortiz
Facts:	The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Result:	Prior to the motion hearing, the State Dropped the DUI.

Jun 22, 2009	Case: 08-012914MM10A (JURY TRIAL)	Judge Lerner-Wren
Facts:	The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The Jury found the defendant Not Guilty in less than fifteen minutes.

Jun 17, 2009	Case: CT-OO144-XCG	Judge McNeil
Facts:	The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
Result:	The State Dropped the DUI.

Jun 15, 2009	Case: 0695-XAZ	Judge Seraphin
Facts:	The defendant was stopped for driving through a crash scene which was being investigated by police and she almost hit someone. Upon contact, the officers noticed an odor of alcohol, bloodshot eyes, and slow speech. She failed all the field sobriety tests according to the officer. After her arrest for DUI, she blew a .098 in the breath machine.
Result:	The State Dropped the DUI.

Jun 15, 2009	Case: 07-022808MM10A	Judge Diaz
Facts:	The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test.
Result:	The State dropped the DUI.

Jun 15, 2009	Case: 9069-XEJ	Judge Arzola
Facts:	The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine.
Result:	The State Dropped the DUI.

Jun 11, 2009	Case: 2009-CT-035931AXXX	Judge Murphy
Facts:	The defendant was stopped for failing to maintain a single lane and speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant performed the roadside tests at the request of the officer which were video taped. According to the officer the defendant performed poorly and was arrested for DUI. After his arrest, he blew a .108 and .105 in the breath machine.
Result:	The State dropped the DUI.

Jun 11, 2009	Case: 2008-CT-008021	Judge Miller
Facts:	The defendant was stopped for striking a curb, swerving, and driving to slow. The officer observed an odor of alcohol, bloodshot eyes, and she stumbled as she walked. She performed poorly on the roadsides tests and was arrested for DUI. After her arrest, she blew a .148 in the breath machine.
Result:	The DUI was Dismissed.

Jun 10, 2009	Case: 09-2918CFAES (JURY TRIAL)	Judge Siracusa
Facts:	The defendant was stopped for speeding and running a stop sign. The officer who made the stop observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer made similar observations in addition to slurred speech. The defendant allegedly swayed, had balance problems, and staggered when he walked. He could not keep his balance during the instructional phase of the walk and turn test and the exercise was discontinued. The defendant refused the rest of the tests and was arrested for DUI. He then refused the breath test. This was the defendant's Fourth DUI and he was charged with Felony DUI.
Result:	The Jury found the defendant Not Guilty.

Jun 5, 2009	Case: 07-024407MM10A	Judge Lazarus
Facts:	The defendant was allegedly driving the wrong way and nearly struck another vehicle that was believed to be driven by an off duty police officer. She then pulled into a parking lot and the car she nearly struck followed her. The off duty police officer blocked her car in and when she tried to leave, she struck his car. He then called the police. The police arrived and noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, very slurred speech, and she was extremely unsteady on her feet. She refused to perform roadside exercises and a breath test.
Result:	The State dropped the DUI due to the lack of credibility of the alleged "off duty officer."

Jun 2, 2009	Case: 2008-CT-027612AXX	Judge Keyser
Facts:	The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking 2-3 glasses of whiskey. He performed field sobriety tests at the request of the officer which were video taped. According to the officer, he performed poorly and was arrested for DUI. At the breath testing facility, he blew a .201 in the breath machine.
Result:	Prior to the motion, the State dropped the DUI.

May 20, 2009	Case: 07-CT-018881AXX (JURY TRIAL)	Judge Bosso-Pardo
Facts:	The defendant was found by the police passed out in his truck parked at a Publix shopping center. When the defendant finally opened the door after a minute of banging by the officer, he had the keys in his hand. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The DUI officer made similar observations, along with the observation of the defendant staggering out of the truck. The defendant performed the field sobriety tests at the request of the officer. According to the officer, he failed and was arrested for DUI. The defendant then agreed to give a breath sample. After trying to blow in the breath machine numerous times, but no reading registered, the police called it a refusal. This was the defendant's second DUI.
Result:	The Jury found the defendant Not Guilty in less than ten minutes.

May 20, 2009	Case: 09-01761-MMA	Judge Herr
Facts:	The defendant was found passed out in her car by the police in parking lot. They observed the defendant to have an odor of alcohol, glassy eyes, and thick tongued speech. The defendant was confused where she was located, stumbled upon getting out of the car, and swayed while outside the vehicle. She refused the roadside tasks and after her arrest for DUI she blew a .154 in the breath machine.
Result:	The State dropped the DUI.

May 18, 2009	Case: 0053-XDK	Judge Newman
Facts:	The defendant was stopped for driving slowly and weaving. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. The defendant performed the field sobriety tests at the request of the officer. For example, on the finger to nose, she did not touch the tip of her nose one time. On the estimation of time test, she only estimated 22 seconds for 30 seconds, used her arms for balance, and swayed. After her arrest for DUI, she refused the breath test.
Result:	Pursuant to the Statute of Limitations, the DUI was Dismissed.

May 13, 2009	Case: 48-2007-CT-015567-0	Judge Allen
Facts:	The defendant was stopped for weaving. The officer noticed the defendant had an odor alcohol, fumbled with his paper work, and admitted to having four beers. He performed poorly on the roadside tests according to the officer which were taped. He then blew a .106 in the breath machine.
Result:	The DUI was Dismissed.

May 10, 2009	Case: 5078-XED	Judge Newman
Facts:	The defendant was involved in a crash whereby he backed into another car. The officers noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He performed poorly on the roadside tests, admitted to drinking beer, and was arrested for DUI. After his arrest, he blew a .202 and .192 in the breath machine.
Result:	The State Dropped the DUI.