DUI Wins

Jan 14, 2003	Case: 02-7720MM10A	Judge Berman
Facts:	The defendant was pulled over by the police for running a red light and attaching a tag not assigned. The officer observed the defendant to have an odor of alcohol on his breath. The defendant submitted to one roadside test, the eye (pen) test and refused all other tests, including the breath test.
Result:	The State dropped the DUI and the defendant did not lose his driver's license.

Jan 13, 2003	Case: 388017-W	Judge Figarola
Facts:	The defendant was pulled over for almost striking the curb two times with his vehicle. The defendant performed poorly on several roadside tasks and blew a .107 in the breath machine. He was observed to have slurred and mumbled speech, an odor of alcohol on his breath, and very poor balance. This was the defendant's second offense within a period five years.
Result:	The State conceded the motion and dropped the DUI and the defendant did not receive a second DUI conviction or a five year license suspension.

Dec 20, 2002	Case: 02-014861TCA99	Judge Gerber
Facts:	The defendant was pulled over by the police for weaving several times. The officer's observed alcohol on the defendant's breath, slurred speech, glassy eyes, and poor balance. After performing poorly on several roadsides, the defendant was arrested for DUI. He subsequently blew almost twice the legal limit (.158) in the breath machine.
Result:	The State conceded the motion, agreed to the exclusion of the breath test results, and dropped the DUI.

Nov 9, 2002	Case: 9185-BGQ	Judge Pando
Facts:	The defendant sideswiped 2 vehicles. Defendant was confused, disoriented and needed assistance to keep his balance.
Result:	The State dropped the DUI to a reckless driving.

Oct 29, 2002	Case: 01-024274MM10A	Judge Berman
Facts:	The Defendant was found sleeping behind the wheel at an intersection, while the car was in neutral. The defendant was also in possession of a pipe with the scent of burnt marijuana. The defendant performed sobriety test and was arrested for DUI.
Result:	The State was convinced to drop the DUI charge to a reckless driving. The State also dismissed the possession of paraphernalia charge.

Oct 28, 2002	Case: 7448-BOF	Judge Newman
Facts:	The Defendant was arrested for DUI controlled substance. The defendant gave a urine sample which tested positive for marijuana.
Result:	The State was convinced to drop the DUI charge. The defendant has no conviction on his record.

Oct 28, 2002	Case: 297034-X	Judge Mills-Francis
Facts:	The Defendant was stopped for weaving on the road. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed the roadside tests and refused a breath test.
Result:	The State was convinced to drop the DUI charge to reckless driving.

Oct 28, 2002	Case: 394723-W	Judge Mills-Francis
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant blew a .106.
Result:	The State was convinced to drop the DUI to a reckless driving.

Oct 25, 2002	Case: 02-009671TCA99	Judge Moyle
Facts:	The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing. (2nd offense for DUI)
Result:	The case was dismissed.

Oct 18, 2002	Case: 02-002658MM10A	Judge Gehl
Facts:	The defendant was observed driving without headlights and running a red light. The deputy observed bloodshot eyes, an odor of alcohol, and a flushed face. The defendant blew a .137/.131.
Result:	The State dropped the DUI charge to a reckless driving.

Oct 15, 2002	Case: 388103-W	Judge Hernandez
Facts:	The defendant was involved in an accident. Defendant failed the roadside tests and blew a .086.
Result:	Based on the lack of officer credibility, the DUI was dropped to a reckless driving.

Oct 14, 2002	Case: 01-121AC10A	Judge Murphy / Cohn
Facts:	The defendant was seen by civilians driving all over the road. Upon arrival, the police observed the defendant's car stopped in the entrance to a construction site. The defendant was passed out behind the wheel with the engine running. The defendant failed roadside tests. (3rd Offense for DUI)
Result:	Judge Murphy dismissed the charges.

Oct 12, 2002	Case: 061507-J	Judge Pando
Facts:	The defendant was involved in an accident on I-95 and fled the scene after hitting another vehicle. He was later found by the police on the side of the interstate about 300 yards away from the accident site standing outside his vehicle which had a flat tire and exterior damage. He was arrested for Leaving the Scene of and accident and DUI as the officers observed alcohol on his breath and slurred speech. There were four officers involved in the investigation. Depositions were taken of each officer and they all gave different version of the events of that evening. For example, one officer stated the defendant had balance problems while another officer stated he did not. One officer stated the defendant had slurred speech and another officer stated his speech was good.
Result:	The State dropped the DUI and the Leaving the Scene charge and the defendant received no convictions on his record.

Sep 29, 2002	Case: 02-4529MM10A	Judge Zack
Facts:	The Defendant was arrested for DUI and blew a .163/.158.
Result:	Judge Zack granted the motion to suppress the breath test.

Sep 23, 2002	Case: 318523-X	Judge Figarola
Facts:	The defendant was driving at a high rate of speed almost causing an accident. The officer observed mumbled speech, an odor of alcohol and balance problems.
Result:	The State dropped the DUI charge. The defendant has no conviction on his record.

Sep 19, 2002	Case: 252155-W	Judge Reyes
Facts:	The defendant was stopped for running a red light. Odor of alcohol, bloodshot eyes, swaying side to side, bottle of beer in the car. (3rd offense for DUI). The defendant refused to perform roadsides and refused to take a breath test.
Result:	The State dropped the DUI.

Sep 13, 2002	Case: 02-003280MM10A	Judge Lazarus
Facts:	The defendant was stopped for weaving. Odor of alcohol, slow speech, stumbled out of car, bloodshot watery eyes.
Result:	The State dropped the DUI. The defendant has no conviction on his record.

Sep 9, 2002	Case: 02-003367MM10A	Judge Lazarus
Facts:	The defendant was driving without headlights and failing to maintain a single lane. Odor of alcohol, bloodshot eyes, slurred speech, and admitted to 6 drinks.
Result:	The State dropped the DUI to a reckless driving.

Sep 9, 2002	Case: 02-001940MM10A	Judge Lazarus
Facts:	The defendant was failing to maintain a single lane. Officer observed odor, bloodshot eyes, slurred speech and poor balance at the scene. The defendant blew a .147/.141. (4th offense for DUI)
Result:	The State dropped the DUI charge to a reckless driving.

Sep 9, 2002	Case: 085545-J	Judge Bloom
Facts:	The defendant was involved in an accident and left the scene. He was subsequently stopped by police. The officers smelled alcohol on the defendant's breath and observed slurred speech. He was arrested for DUI and Leaving the Scene of an Accident. He took a breath test after his arrest and blew over the legal limit. This was the defendant's second offense.
Result:	The State dropped the DUI.