DUI Wins

Nov 1, 2008	Case: 07-5710MM10A	Judge Cowart
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed three field sobriety tests and was arrested for DUI. The defendant blew a .147 in the breath machine.
Result:	Both motions were Granted, and all of the evidence was thrown out.

Oct 30, 2008	Case: CTC069231EIHANC	Judge Dittmer
Facts:	The defendant was stopped for swerving in and out of his lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and swaying. The defendant stated to the officer he drank two Corona beers, a Heineken beer, and one Yager shot. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .08 in the breath machine. The entire incident was captured on video tape.
Result:	THE STATE DROPPED THE DUI.

Oct 27, 2008	Case: 08-1276-CT	Judge Tinlin
Facts:	The defendant was stopped for speeding and swerving for over two miles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he drank a couple of beers. He was asked to perform field sobriety tasks which the defendant complied with the request. For example, on the walk and turn test, he stepped off the line, missed heel to toe, and took the incorrect number of steps. On the finger to nose test, he missed the tip of his nose and swayed. The defendant was arrested for DUI and then refused the breath test.
Result:	THE STATE DROPPED THE DUI.

Oct 21, 2008	Case: 087076-J	Judge Lindsey
Facts:	The defendant was stopped for speeding. The officer observed a strong odor of alcohol and bloodshot watery eyes. He had a noticeable sway to his stance and he agreed to perform field sobriety tests. On the rhomberg balance test, he swayed from left to right. On the one leg stand test he dropped his foot. On the walk and turn test he stepped off the line. On the finger to nose test he missed the tip of his nose with his finger 4 times. He was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Oct 20, 2008	Case: 48-2007-CT-010716-O	Judge Wixtrom
Facts:	The defendant was stopped for driving with his right headlight out. The officer observed an "obvious" odor of alcohol and bloodshot eyes. The defendant admitted to drinking.The defendant performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the walk and turn test, he failed to walk heel to toe, counted incorrectly and stumbled on the turn. He was arrested for DUI.
Result:	The DUI was dismissed.

Oct 20, 2008	Case: 2008CT-001665	Judge Brown
Facts:	The defendant was passed out in the right lane of travel with a computer on his lap. The officer observed an odor of alcohol, flushed face, bloodshot eyes and slurred speech. The defendant appeared unsure when he exited the vehicle. He admitted to drinking and was asked to perform field sobriety tests. On the walk and turn test he stepped off the line, failed to walk heel to toe and used his arms for balance. On the one leg stand he failed to count to 30 properly saying 11 twice. He was arrested for DUI.
Result:	The State dropped the DUI.

Oct 14, 2008	Case: 511996-W	Judge Miranda
Facts:	The defendant was stopped at a sobriety checkpoint (ie. a roadblock). The officers observed an odor of alcohol, slurred speech, and a flushed face. According to the officers, the defendant performed poorly on the roadside tasks. For example, on the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand task, he put his foot down more than once, swayed, and hopped. He was arrested for DUI and later refused the breath test.
Result:	THE DUI WAS DISMISSED BASED ON THE STATE'S DISCOVERY VIOLATIONS.

Oct 14, 2008	Case: CT-001856-XCG	Judge Conrad
Facts:	The defendant was involved in a traffic crash when he lost control of his vehicle, drove across all lanes of traffic, and struck a tree. The defendant was taken to the hospital due to injuries suffered during the crash. At the hospital, the officer investigating the accident observed the defendant to have an odor of alcohol and bloodshot eyes. The officer requested blood from the defendant because a breath test was not possible. The defendant refused. The hospital had already drawn his blood for medical purposes which revealed a blood alcohol level of .175. The defendant was subsequently arrested for DUI.
Result:	THE STATE DROPPED THE DUI.

Oct 14, 2008	Case: 8194-XCM	Judge Ortiz
Facts:	The defendant was stopped for doing a "power skid" at a high rate of speed. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. After performing poorly on the roadside tasks, he was arrested for DUI. He then blew a .162 in the breath machine.
Result:	ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.

Oct 11, 2008	Case: CT-08-009081-XCL	Judge Courtney
Facts:	An off duty officer noticed the defendant drinking in a bar and felt that he was intoxicated due to his actions. The off duty officer followed the defendant outside the bar to prevent him from driving, however, the defendant already drove away. A civilian who had been in the bar, ended up stopping the defendant down the road. When the officers arrived at that location, they noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. The defendant could not even do the walk and turn due to his intoxication level. The entire incident was captured on video tape. The defendant was then arrested for DUI.
Result:	On the day of the motion hearing, THE STATE DISMISSED THE DUI.

Oct 7, 2008	Case: 2008-CM-005112	Judge Conrad
Facts:	The defendant was stopped for straddling the lane markers and speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer saw marijuana on the defendant's seat and he had difficulty following instructions. He performed poorly on the roadside tasks. For example, he miscounted on the count backwards test (100-75) and incorrectly recited the alphabet. The defendant was arrested for DUI and possession of marijuana. He subsequently refused to take the breath test.
Result:	THE STATE DROPPED THE DUI AND THE DEFENDANT DID NOT RECEIVE ANY CONVICTION ON THE MARIJUANA CHARGE.

Oct 3, 2008	Case: 07-CT-5778-XDN	Judge Lefler
Facts:	The defendant was detained outside of the guard gate at McDill Air Force Base. The Sgt. at the security gate observed an odor of alcohol, bloodshot eyes and slurred speech. The Sgt. contacted the local police department to conduct an investigation. The investigating officer made the same observations and administered field sobriety tests. After the tests, the defendant was arrested for DUI. He subsequently blew a .199 in the breath machine.
Result:	On appeal, the motion was granted and the DUI WAS DISMISSED.

Oct 3, 2008	Case: 0664-XDK	Judge Mills-Francis
Facts:	The defendant was stopped for weaving on the roadway as well as speeding. He then allegedly stumbled as he exited the car. The officer observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The defendant stated he had 5-6 drinks. After failing the one leg stand, the defendant was arrested for DUI.
Result:	The DUI was dismissed.

Oct 3, 2008	Case: 07-CT-7818-XCF	Judge Courtney
Facts:	The defendant was the at fault driver in a crash. The deputy observed an odor of alcohol and bloodshot watery eyes. The defendant was taken to the hospital where she provided a .105 blood alcohol sample. While at the hospital she admitted to drinking 2 vodkas with cranberry.
Result:	The State dropped the DUI on the morning of trial.

Oct 1, 2008	Case: 07-010243MM10A	Judge Murphy
Facts:	The defendant was involved in a hit and run accident. The driver of the other vehicle identified the defendant as the person who fled the scene. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing and was arrested for DUI.
Result:	The State dropped the DUI prior to the Judge's ruling.

Oct 1, 2008	Case: 07-2079CT	Judge Atack
Facts:	The defendant was stopped for speeding and weaving on his motorcycle. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant admitted to drinking four beers and taking Xanax. The defendant failed the roadside tests according to the officer, however, they were not video taped. After his arrest for DUI, the defendant refused the breath test.
Result:	THE STATE DROPPED THE DUI PRIOR TO TRIAL.

Sep 23, 2008	Case: 2008-CT-108 (JURY TRIAL)	Judge Smith
Facts:	The defendant was found passed out behind the wheel of a motor vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and flushed face. The defendant had an open beer in the car and appeared disoriented. He failed all the field sobriety tests and after his arrest for DUI blew a .207 in the breath machine. This was the defendant's second DUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Sep 15, 2008	Case: 8777-XCM	Judge Miranda
Facts:	The defendant was stopped for swerving in and out of traffic while speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. He performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the finger to nose he missed the tip of his nose several times. On the walk and turn he failed to walk heel to toe and turned improperly. He was arrested for DUI and blew a .145.
Result:	The State dropped the DUI on the morning of trial.

Sep 15, 2008	Case: 9021-XCM	Judge Miranda
Facts:	The defendant was stopped for swerving back and forth almost losing control of the vehicle. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. On the rhomberg balance test he estimated 59 seconds for 30 seconds while swaying throughout. On the walk and turn test, he lost his balance during the instructions while failing to walk heel to toe in a straight line. The one leg stand was discontinued for the defendant's safety. On the finger to nose test, he missed the tip of his nose on five out of six attempts. He was arrested for DUI and blew a .166 in the breath machine.
Result:	The State dropped the DUI.