DUI Wins

Feb 25, 2008	Case: 07-CT-9772-XAN	Judge Rice
Facts:	The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and watery eyes. On video tape at the scene, the defendant performed poorly on all the roadside tasks. After his arrest for DUI, he blew a .177 in the breath machine.
Result:	THE DUI WAS DISMISSED.

Feb 22, 2008	Case: 07-10530MM10A	Judge Ross
Facts:	A deputy from the sheriff's office heard the sound of a horn consistently honking. The deputy then witnessed the defendant continuously stopping in the roadway for no apparent reason. He then stopped the car and approached the driver's side window. He then observed an odor of alcohol and bloodshot eyes. As a result, he called for a DUI task force officer to conduct an investigation. The officer then conducted field sobriety tests and arrested the defendant for DUI. He subsequently blew a .110 in the breath machine.
Result:	The State dropped the DUI.

Feb 19, 2008	Case: 8211-XCM	Judge Newman
Facts:	The defendant was stopped by an officer for playing his radio at an excessive volume. The officer observed bloodshot eyes, an odor of alcohol and a flushed face. He performed the one leg stand, finger to nose, walk and turn, rhomberg balance test as well as HGN (eye test). The officer stated that the defendant did not perform to standards and he was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Feb 15, 2008	Case: 06-000376TCA04	Judge Corlew
Facts:	The defendant was stopped for speeding and running a red light. The defendant stated he was coming from a bar and had two vodka/cranberry drinks and two beers. The officer observed an odor of alcohol, slurred speech, and poor comprehension. The officer also observed the defendant stumble over his words as he talked and an unstable appearance. According to the officer, the defendant performed poorly on the roadside tasks. The entire incident was video taped. After his arrest for DUI, the defendant blew a .123 in the breath machine.
Result:	THE DUI WAS DISMISSED.

Feb 12, 2008	Case: 43-2008-CT- 003039-A	Judge Roberts
Facts:	The defendant was stopped for speeding. Upon approaching the vehicle, the officer observed an odor of alcohol, slurred/mumbled speech, and red eyes. The defendant stated he had a couple of beers a few hours before being stopped. He was asked to perform the walk and turn and one leg stand tasks which he agreed to do. On the walk and turn test, he did not touch heel to toe, used his arms for balance, and stepped off the line. On the one leg stand, he swayed and kept his foot on the ground while using his arms for balance. He was subsequently arrested for DUI. This was the defendant's second DUI.
Result:	THE STATE DROPPED THE DUI.

Feb 7, 2008	Case: 06-020345MM10A	Judge Gehl
Facts:	The defendant was passed out behind the wheel of his car in the roadway. Fire rescue and the police were called to the scene. The officer observed an odor of alcohol, glassy eyes, and the defendant appeared to be disoriented. The defendant performed roadside tests at the scene and then later at the station. The tasks at the station were video taped. After his arrest for DUI, the defendant blew a .09 in the breath machine.
Result:	On the morning of jury trial, THE STATE DROPPED THE DUI.

Feb 6, 2008	Case: 5378-XDL	Judge Krieger-Martin
Facts:	The defendant was stopped at a roadblock sobriety checkpoint in the City of Miami. A South Miami officer working the check point noticed an odor of alcohol and bloodshot watery eyes. The defendant was asked to perform the field sobriety tasks and he complied. On the one leg stand, he put his foot down three times and on the walk and turn test, he took fifteen steps up the line instead of the nine as instructed and ten back. He also stepped off the line two times. After his arrest for DUI by the South Miami officer, he refused the breath test.
Result:	On the morning of trial, the STATE DROPPED THE DUI.

Feb 6, 2008	Case: 8252-XCM	Judge Fernandez
Facts:	The defendant was stopped for blocking traffic. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant stated he drank a few vodkas. A bottle of vodka was also found in the car. The defendant performed poorly the roadside tests and then blew a .106 in the breath machine after his arrest for DUI.
Result:	THE STATE DROPPED THE DUI.

Jan 31, 2008	Case: 05-006867TCA04 (JURY TRIAL)	Judge Corlew
Facts:	The defendant was stopped for heavily accelerating from a stopped position in a highly concentrated pedestrian area, speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, slow/mumbled/slurred speech, and poor comprehension. Furthermore, the defendant admitted to drinking two beers, appeared unstable, and had to use the trunk for balance. The defendant refused to do the roadside tasks. Prior to being placed under arrest, he stated he was going home and started to walk away from the officer until he was grabbed and cuffed. After his arrest for DUI, he refused the breath test. This was the defendant's THIRD OFFENSE within a ten year period.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Jan 29, 2008	Case: 07-CT-025493AXX (JURY TRIAL)	Judge Johnson
Facts:	The defendant was stopped for weaving and driving on the lane markers. The officer noticed slurred speech, bloodshot eyes, and large pupils. Believing the defendant was impaired by something, the officer called for a DUI unit. When the DUI unit arrived, she observed an odor of alcohol, slurred speech, a dazed look, and he was unsteady exiting the truck. The defendant also seemed confused by very simple questions according to the officer. The defendant then refused to perform the roadside tasks and subsequently refused the breath test after his arrest for DUI.
Result:	After the State rested their case, the defense moved for a judgment of acquittal. (i.e. moved to dismiss the case). The defense argued that the State had not proven the first element of DUI. (i.e. that the defendant was driving or in actual physical control). We argued that since the stopping officer could not ID the defendant as the driver, no one could testify where the keys were located, and the arresting officer never testified that the defendant was in the driver's seat, the State had not met its preliminary burden. THE CASE WAS DISMISSED IN THE MIDDLE OF JURY TRIAL.

Jan 28, 2008	Case: 07-006084MM10A	Judge Ireland
Facts:	The defendant was stopped for weaving on the roadway almost striking a police car. The officer approached the window and observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, she had to be held up by the officer. She couldn't maintain her balance on the walk and turn test. She refused to complete the one leg stand and was arrested for DUI.
Result:	The state dropped the DUI on the morning of trial.

Jan 17, 2008	Case: CT-004104-XAM (JURY TRIAL)	Judge Barber
Facts:	The defendant was stopped by the police when the officer observed the defendant's truck to have front end damage, the hood up, and no lights. The defendant had just been involved in a crash just prior to the stop. The crash was never investigated. The officer smelled an odor of alcohol and called for a DUI task force officer. The DUI officer smelled alcohol, observed the defendant swaying and having bloodshot eyes. He also admitted drinking three beers. The defendant refused the roadside tasks and was arrested for DUI. After his arrest, the defendant agreed to submit to a breath test. He blew several times into the breath machine with breath alcohol levels ranging from a .149 to as high a .174.
Result:	AFTER SELECTING A JURY FOR THE CASE, THE STATE DROPPED THE DUI.

Jan 12, 2008	Case: CT-009097-XAM	Judge Thomas
Facts:	The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred/thick tongued speech, and glassy eyes. According to the officer, the defendant fumbled while looking for his license and was unsteady while standing outside of the car. He then performed the walk and turn and one leg stand tests. For example, on the walk and turn, the defendant did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down and swayed. An open bottle of Coors light was found in the car. The whole incident was captured on video. After his arrest for DUI, he refused the breath test.
Result:	THE STATE DROPPED THE DUI PRIOR TO TRIAL.

Jan 12, 2008	Case: 9412-XEC	Judge Arzola
Facts:	The defendant was stopped for weaving and driving without headlights. Upon approaching the car the officer noticed bloodshot eyes, slurred speech and a strong odor of alcohol on her breath. The defendant was asked to step out of the vehicle and was she was unsteady on her feet. The defendant was asked to perform several field sobriety tests. On the walk and turn test she failed to walk on the line and never touched heel to toe. On the one leg stand test she placed her foot down two times. On the finger to nose test she failed to touch her nose 5 out of 6 times. She was arrested for DUI.
Result:	THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL.

Jan 4, 2008	Case: 07-CT-1702-XCM	Judge Conrad
Facts:	The defendant was stopped for backing up against traffic and almost striking another vehicle. The officer observed an odor of alcohol and bloodshot watery eyes. On the walk and turn test she failed to touch heel to toe. On the one leg stand she hopped during the test. On the finger to nose, she failed to touch the tip of her finger to the tip of her nose. She was arrested for DUI and blew a .125 in the breath machine.
Result:	The State dropped the DUI.

Jan 4, 2008	Case: 07-CT-1828-XCM	Judge Conrad
Facts:	The defendant was stopped for fleeing the police. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused to perform any sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI.

Jan 4, 2008	Case: 2007-CT-020780AXX (JURY TRIAL)	Judge Eissey
Facts:	The defendant was stopped for speeding and weaving. The officer who made the traffic stop, observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then called for a DUI task force officer to conduct a DUI investigation. When the DUI officer arrived, he made similar observations. Further, he also noticed the defendant swaying while standing and walking with balance problems. The defendant agreed to perform the HGN (eye test) then refused any further field sobriety testing and the breath test. He also admitted to drinking four beers. This was the defendant's SECOND DUI and his prior DUI was a Felony DUI with Serious Bodily Injury.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Jan 2, 2008	Case: 2005CT016686 (JURY TRIAL)	Judge Boyleston
Facts:	The defendant was stopped for driving eastbound in the westbound lanes and driving onto the grass. The officer observed an odor of alcohol, and the defendant admitted to drinking 4 drinks. His eyes were also glassy and dilated. The defendant performed the one leg stand, walk and turn and finger to nose test. He was subsequently arrested for DUI and blew a .096 in the breath machine.
Result:	The State subsequently dropped the DUI.

Dec 20, 2007	Case: 2007-CT-031099AXX	Judge Johnson
Facts:	The defendant was involved in a traffic crash. The officer who arrived first, observed the defendant to be passed out behind the wheel. When the defendant awoke, the officer observed red eyes, slurred/slow speech and confusion. The officer attempted roadside tasks, but the defendant kept falling asleep. For safety reasons, no tests were conducted. The defendant was arrested based on the officer's belief he was impaired by a chemical and/or controlled substance.
Result:	THE DUI WAS DISMISSED.

Dec 13, 2007	Case: 07-007313MM10A	Judge Seidman
Facts:	The defendant was stopped for speeding and drifting between two lanes. After the officer activated his overhead lights, the defendant continued driving for another 6 blocks. The officer observed an odor of alcohol, bloodshot eyes and mumbled speech. He performed the HGN (eye test), walk and turn test and the one leg stand. Based on his performance on the field sobriety tests he was arrested for DUI.
Result:	The State dropped the DUI.