DUI Wins

Sep 19, 2006	Case: CT-OO1596-XAM	Judge Barber
Facts:	The defendant was seen pulling into a gas station by a police officer. He walked up to the officer to ask for directions. The officer noticed and odor of alcohol, unsteadiness, and blood-shot eyes. A DUI unit was called and the defendant performed roadside tests. According to the DUI officer, the defendant failed the tests. The defendant was arrested for DUI and subsequently refused the breath test.
Result:	The State dropped the DUI.

Sep 18, 2006	Case: 306671-X	Judge Lindsey
Facts:	The officer received a call from dispatch about a possible drunk driver on the highway. The officer located the vehicle and noticed that the defendant was unable to maintain a single lane. Even after activating his lights, the defendant failed to pull over immediately. After stopping, the defendant told the officer "I have only been drinking a little bit". The officer then called for a DUI officer to conduct the investigation. He observed a strong odor of alcohol and bloodshot eyes. He failed all field sobriety tests and was arrested for DUI. He blew a .126 in the breath machine.
Result:	The State dropped the DUI.

Sep 18, 2006	Case: 386013-W	Judge Bloom
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. A DUI officer arrived and offered field sobriety tests. On the one leg stand the defendant put his foot down 3 times. On the walk and turn test he failed to stay on the line. He was subsequently arrested for DUI and blew a .111.
Result:	The State dropped the DUI.

Sep 18, 2006	Case: 297071-X	Judge Lindsey
Facts:	The defendant was stopped for speeding. The officer noticed bloodshot eyes and an odor of alcohol. The defendant fumbled while looking for his insurance and registration. He was completely unsteady on his feet and failed each field sobriety test. He was arrested for DUI and blew a .110 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Sep 18, 2006	Case: 503667-W	Judge Krieger-Martin
Facts:	The defendant was stopped for driving the wrong way on a one-way street. The Sgt. observed a strong odor of alcohol, red watery eyes and slurred speech. On the walk and turn test the defendant lost his balance during the instructional phase and failed to walk heel to toe. On the one leg stand the defendant hopped throughout the test. The defendant was arrested for DUI and blew a .109 in the breath machine.
Result:	The State dropped the DUI.

Sep 18, 2006	Case: 086831-J	Judge Bloom
Facts:	The defendant was stopped for speeding through a construction zone. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was completely unsteady and failed all roadside tests. He was arrested for DUI and blew a .171 in the breath machine.
Result:	The DUI was dismissed.

Sep 13, 2006	Case: 06-010476TCA04	Judge Damico
Facts:	The defendant was stopped for almost striking a police car. The officer who made the traffic stop, observed an odor of alcohol, slurred speech, and poor coordination. The defendant told the stopping officer he drank several alcoholic beverages and appeared confused. A DUI officer was called to the scene and made similar observations. The defendant performed poorly on the roadside tests. He was arrested for DUI and refused the breath test.
Result:	After reviewing the two depositions, the State DROPPED THE DUI.

Sep 11, 2006	Case: 06-CT-7948-XAM	Judge Ober
Facts:	The defendant was stopped by an officer when he observed her driving off the roadway. A citizen had also called the police that they saw the defendant driving erratically. The officer observed an odor of alcohol, watery-glassy eyes, and unsteadiness. The defendant performed poorly on roadside tests and was arrested for DUI. She refused the breath test after her arrest for DUI.
Result:	The State dropped the DUI.

Sep 11, 2006	Case: 05-035774TCA02 (JURY TRIAL)	Judge Damico
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, "somewhat" slurred speech, blood-shot eyes, and unsteadiness. The defendant performed the walk and turn and one leg stand tests. On the walk and turn, the officer testified the defendant used his arms for balance, took an incorrect number of steps, and started the test too soon. On the one leg stand, the officer testified the defendant put his foot down three times and used his arms for balance. The defendant was arrested for DUI and BLEW A .123 IN THE BREATH MACHINE at the breath testing facility.
Result:	The Jury found the defendant NOT GUILTY IN TEN MINUTES.

Sep 10, 2006	Case: 05-10429MM10A	Judge Ross
Facts:	The defendant was stopped for cutting off a police officer and driving onto the sidewalk. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand the defendant dropped his foot 4 times. On the walk and turn he failed to walk on the line. He was arrested for DUI and blew a .111 in the breath machine.
Result:	Based on the exclusion of the breath and the lack of credibility of the officer, the State dropped the DUI.

Sep 5, 2006	Case: 05-002523MM10A	Judge Robinson
Facts:	The defendant was stopped for running a red light and drifting from side to side within his lane. According to the reports, the defendant did not stop and the officer had to activate his siren to get the defendant's attention. Once the defendant finally stopped, the officer noticed an odor of alcohol, a flushed face, and slurred speech. A DUI task force officer was called to conduct a DUI investigation. He made similar DUI observations in addition to observing blood-shot eyes on the defendant and that he appeared to be very slow in his movements. The defendant refused to perform the roadside tasks and he refused the breath test.
Result:	Just minutes before picking a jury on the case, the State dropped the DUI.

Sep 1, 2006	Case: 4605-CT-002924-A	Judge Grinsted
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed slurred speech, an odor of alcohol, and a flushed face. He was unsteady as he exited the truck and he was swaying. The defendant refused the roadside tests and the breath test.
Result:	The State dropped the DUI.

Sep 1, 2006	Case: 297129-X	Judge Krieger-Martin
Facts:	The defendant was stopped for drifting from lane to lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant was unsteady when he exited the vehicle. The officer asked the defendant to perform field sobriety tests. His response was "just take me to jail." He was arrested for DUI.
Result:	Rather than put the officer on the stand, the state dropped the DUI.

Sep 1, 2006	Case: 500639-W	Judge Mills-Francis
Facts:	The defendant was stopped for running a red light but continued to drive for four blocks after the officer put his lights on. When the officer approached the car, the defendant tightened his fists and took a defensive fighting stance. The officer observed an odor of alcohol and bloodshot eyes. The defendant's speech was slurred and his clothing was soiled. He was arrested for DUI and resisting without violence.
Result:	On the day of trial the state dropped both the DUI as well as the resisting without violence.

Sep 1, 2006	Case: 377455-W	Judge McWhorter
Facts:	The officer observed the defendant passed out in a vehicle with the engine running. He attempted to wake up the defendant but there was no response. After banging on the window he eventually woke up. When the door opened, the officers noticed an overwhelming odor of alcohol. The defendant lost his balance when he exited the car. As he spoke with the officers he was barely understandable. The officers also found marijuana in the car. After placing the defendant under arrest for DUI and possession of marijuana he told the officers that when he got out of jail he would hunt them down.
Result:	The state conceded the motion to suppress and dropped both the DUI and marijuana charges.

Aug 31, 2006	Case: 06-CT-005990 NC	Judge Galen
Facts:	The defendant was located by paramedics unconcious in his vehicle with the engine running blocking the roadway. The paramedics took the keys to the car prior the police arriving on scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed all roadside tests poorly. For example, on the one leg stand, he was so unsteady, the test had to be stopped for his safety. On the alphabet test, he could not state the alphabet in a correct manner. The defendant blew a .212 in the breath machine after his arrest for DUI.
Result:	The Judge granted the motion and threw out all the evidence. The DUI was dismissed.

Aug 31, 2006	Case: 468481-W	Judge Lindsey
Facts:	The defendant was involved in a crash in which he side-swiped another vehicle. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. While speaking with the officers, the defendant fell over into the grass area and needed support to stand. He performed poorly on all roadside tests and refused the breath test. He admitted to drinking vodka drinks. This was the defendant's second offense.
Result:	The State DROPPED THE DUI.

Aug 22, 2006	Case: 06-CT-501645	Judge Dommerich
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred, and blood-shot eyes. The defendant had an open beer in his car. He performed poorly of roadside tests and staggered as he walked. The defendant blew a .153 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Aug 21, 2006	Case: 05-025450MM10A	Judge Murphy
Facts:	The defendant was stopped for driving over 100 miles per hour in a 35 mile per hour zone. The officers detected a "strange" odor from the defendant's breath, a dazed look, and slow motor movements. A DUI officer was called to the scene and the defendant agreed to perform field sobriety tests. On the walk and turn exercise, the defendant stepped off the line, paused to regain balance, and did not turn properly as instructed. On the finger to nose, the defendant hardly ever touched the tip of her nose and did not use the tip of her finger. The defendant refused both a breath and urine test.
Result:	On the morning of trial, the State DROPPED THE DUI.

Aug 14, 2006	Case: 05-014210MM10A	Judge Zack
Facts:	The defendant was stopped for driving 70-mph in a 45-mph zone. The officer noticed a strong odor of alcohol, bloodshot eyes and extremely slurred speech. The officer called for a DUI task force member. The DUI officer responded and made the same observations. He had the defendant perform field sobriety tests. On video the defendant was unable to perform any of the tests because he was clearly impaired. He was arrested for DUI and blew a .151 in the breath machine.
Result:	The motion was granted and the State dropped the DUI.