DUI Wins

Oct 25, 2004	Case: 317587-X	Judge Newman
Facts:	The defendant was found by police sleeping behind the wheel of his vehicle at a red light. It took several attempts to awaken the defendant. Once awoken, the officer observed the defendant to have an odor of alcohol, slurred speech and watched him stumble as he was outside the car. The defendant refused the roadside tests and refused the breath test. The officer found marijuana in the defendant's pocket after his arrest for DUI.
Result:	The State dropped the DUI.

Oct 18, 2004	Case: 05-2004-CT-057174AXXXX	Judge Majeed
Facts:	The defendant was stopped for speeding and running a red light in Brevard County. The officers observed an odor of alcohol, slurred speech, and an open container of alcohol in the car. He performed poorly on field sobriety tests and refused to take the breath test.
Result:	The State dropped the DUI.

Oct 18, 2004	Case: 413990-X	Judge Newman
Facts:	The defendant was stopped for making an illegal turn. Once stopped , the officers observed an odor of alcohol, slurred speech, and the defendant appeared unsteady. She performed poorly on roadside tests and blew a .174 in the breath machine.
Result:	The State dropped the DUI.

Oct 14, 2004	Case: 3523-CNL	Judge Figarola
Facts:	The defendant was stopped for driving with his high beams. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests and was constantly cursing and threatening the officer. He blew under the legal limit, however, he admitted to taking numerous prescription medications which are classified as controlled substances.
Result:	The State dropped the DUI.

Oct 13, 2004	Case: 04-8141MMA	Judge Murphy
Facts:	The defendant was stopped for failing to maintain a single lane in Naples. Once stopped, the Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests on video and blew a .162 on the breath machine.
Result:	The State conceded the motion at the time of hearing. The DUI was dismissed.

Oct 6, 2004	Case: 02-023972MM10A	Judge Diaz
Facts:	The defendant was stopped by Florida Highway Patrol for running a red light and almost crashing into the median on I-95. The defendant told the trooper that he had 3 beers and rum and coke. The trooper administered a series of sobriety tests which the defendant allegedly failed.
Result:	The State dropped the DUI.

Oct 5, 2004	Case: 03-01743MM10A (JURY TRIAL)	Judge Zack
Facts:	The defendant was stopped in a checkpoint. After being stopped, he put the car in reverse. The officer noticed bloodshot eyes, and a strong odor of alcohol on his breath. According to the officer, the defendant failed all roadside tests. He subsequently blew over the legal limit and told the officer “I can’t believe 3 beers would to this to me.” Subsequent to arrest the officer found beer in the car.
Result:	NOT GUILTY.

Oct 5, 2004	Case: 317371-X	Judge Bloom
Facts:	The defendant was stopped for driving off the roadway. Once stopped, the stop officer stated the defendant had slurred speech, and odor of alcohol, and could not stand up without losing his balance. A DUI officer was called to the scene. The defendant performed poorly on field sobriety tests according to the officer. He blew a .10 in the breath machine after his arrest.
Result:	The State dropped the DUI.

Oct 3, 2004	Case: 03-017069TCA02	Judge Johnson
Facts:	The defendant was stopped for straddling the lane markers (failure to maintain a single lane). The defendant had an odor of alcohol, slurred speech and bloodshot eyes. The defendant allegedly performed all roadside tests poorly. She blew a .106 in the breath machine.
Result:	The judge granted the motion throwing all the evidence out. The State dismissed the DUI.

Sep 24, 2004	Case: 04-011076MM10A	Judge Levenson
Facts:	The defendant was stopped for weaving all over the roadway. The officer who stopped the defendant noticed an odor of alcohol, flushed face, and glassy eyes. A DUI officer was called to conduct field sobriety exercises. The officer observed the defendant walking in a serpentine fashion. She performed poorly on all field sobriety tests and subsequently refused the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Sep 23, 2004	Case: 03-8758MM10A	Judge Berman
Facts:	The defendant was involved in an accident. When the officers arrived, they observed the defendant to have an odor of alcohol and be off balance and unsteady. He performed poorly on roadside tests. After his arrest, the defendant blew a .219 in the breath machine.
Result:	The State dropped the DUI.

Sep 23, 2004	Case: 03-016485MM10A	Judge Lazarus
Facts:	The defendant was stopped by the police for improper parking after the police received a call that the defendant was passed out behind the wheel. The officer observed the defendant to be passed out behind the wheel. The officer observed the defendant to be off balance and unsteady, an odor of alcohol, and slurred speech. The defendant blew a .176 in the breath machine.
Result:	The State dropped the DUI.

Sep 22, 2004	Case: 3746-CHT	Judge Ortiz
Facts:	The defendant was stopped for speeding and weaving. Once stopped the officer observed the defendant to be off balance, have an odor of alcohol and slurred speech. The defendant performed poorly on field sobriety tests. Once arrested, she blew under the legal limit of .08. However, a Drug Recognition Exam was conducted and the defendant gave urine in which there was a positive result for a controlled substance called Butalbital. The State's theory was the defendant was impaired due a combination of the alcohol and the drugs.
Result:	The State dropped the DUI.

Sep 12, 2004	Case: 03-021042CF10A (JURY TRIAL)	Judge Kotey
Facts:	The defendant was stopped by police as a result of a call that he was driving recklessly and causing a domestic disturbance. Once stopped, the officers observed and odor of alcohol, slurred speech, and he performed poorly on field sobriety tasks. After being arrested for DUI, he was transported to the breath testing facility where he refused the breath test. The defendant refused to get out of the chair in the interview room as the officers were trying to get him to go into the video room. The officer attempted to get him out of the chair and the officer alleged the defendant picked up the chair he was sitting in and swung it at her knee. This was all while he was handcuffed behind his back. Another BSO community service aid was in the room assisting the officer and stated the defendant never swung a chair. He testified the officer was hit during the struggle. The defendant was facing a minimum of 10 years in State prison if he was convicted.
Result:	The jury found the defendant NOT GUILTY in three minutes as the jury stated they did not believe the arresting officer's testimony.

Sep 3, 2004	Case: 03-2041MM10A	Judge Zack
Facts:	The defendant was stopped for driving erratically out of a parking lot. The defendant had an odor of alcohol, slurred speech and bloodshot eyes. The defendant allegedly performed all roadside tests poorly. He was subsequently arrested and blew a .132 in the breath machine. (2nd offense within 5 years).
Result:	The prosecutor conceded the motion and dropped the DUI.

Sep 2, 2004	Case: 245123-W	Judge Bloom
Facts:	The defendant was stopped for running a stop sign. The defendant was observed to have an odor of alcohol, he staggered, blood shot eyes, and slurred speech. He could not perform any field sobriety tests due to his lack of balance. He had marijuana in the car and blew a .236 in the breath machine.
Result:	The State dropped the DUI prior to trial.

Aug 30, 2004	Case: 317517-X	Judge McWhorter
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also observed the defendant stumbling. He refused the roadsides and breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Aug 30, 2004	Case: 316861-X	Judge Figarola
Facts:	The defendant was involved in an accident in which he hit a mailbox. Upon contact with the police, they observed an odor of alcohol, slurred speech, and that the defendant was very off balance and unsteady. He performed poorly on roadside tests and refused the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Aug 24, 2004	Case: 03-032330TCA04 (JURY TRIAL)	Judge Cohen
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech and bloodshot eyes. He also stated the defendant was off balance and unsteady. The defendant refused the roadside tests and refused the breath test.
Result:	The Jury found the defendant NOT GUILTY in 5 minutes.

Aug 23, 2004	Case: 03-001432MM10A (JURY TRIAL)	Judge Cowart
Facts:	The defendant was stopped for speeding. The officer noticed bloodshot watery eyes, and a "very strong" odor of alcohol. The defendant allegedly failed all roadside tests and told the officer "you and I both know I'll blow over a .08." He was subsequently arrested for DUI.
Result:	The Jury found the defendant NOT GUILTY in minutes.