Our Recent DUI Victories

Nov 1, 2010 Case: 09-023257MM10A Judge Seidman

Facts:

The defendant was allegedly the "at fault" driver in a 5 car accident. The defendant was accused of hitting a series of vehicles which were stopped at a red light. Both fire rescue and officers noticed a strong odor of alcohol. In addition, they observed slurred speech and the defendant appeared drowsy. She was subsequently taken to the hospital. The defendant was read her Miranda rights and she stated that she didn't recall being involved in an accident. She then stated that she consumed maker's mark as well as some frozen drinks. The officer stated that he could not determine the defendant's address due to the high level of impairment. The defendant subsequently consented to a blood draw. The result was allegedly a .09 blood alcohol level.

Result:

The State dropped the DUI after the above hearing.

Oct 29, 2010 Case: 10-504609CT Judge Adams

Facts:

The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and a flushed face. According to the officer, he performed poorly on the roadside tests. He also vomited three times. He was arrested for DUI and blew a .105 and .095 in the breath machine.

Result:

The State Dropped the DUI.

Oct 29, 2010 Case: 2010-CT-012438AMB Judge Moyle

Facts:

The defendant was stopped by police as he drove into a crash scene involving a fatality. The officers observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. A flask was spotted in the car along with a Jack Daniels glass bottle. After performing roadside tests not up to the standards of the officer, he was arrested for DUI. He later refused the breath test.

Result:

The State Dropped the DUI.

Oct 27, 2010 Case: CT-008894-XEF Judge Courtney

Facts:

The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. On the walk and turn test, she did not touch heel to toe and stepped off the line. On the one leg stand tests, she swayed. She was then arrested for DUI and refused the breath test.

Result:

The State Dropped the DUI.

Oct 27, 2010 Case: CT-008736-XEF Judge Courtney

Facts:

The defendant was stopped for running a stop sign and weaving. The officer noticed an odor of alcohol, he admitted drinking wine, and watery eyes. The officer wrote in his report the defendant nearly fell, swayed as he stood, and stumbled. The defendant performed the roadside tests at the request of the officer on video tape. After doing them, he was arrested for DUI.

Result:

The State dropped the DUI.

Oct 27, 2010 Case: CT-001467-XDY Judge Courtney

Facts:

The defendant was stopped for being passed out in the driver's seat at a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he leaned against his car for balance. He refused all roadside tests and was arrested for DUI. This was the defendant's second DUI arrest.

Result:

The State Dropped the DUI.

Oct 27, 2010 Case: CT-OO9044-XEF Judge Courtney

Facts:

The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol and glassy eyes. The defendant performed the roadside tests at the request of the officer which were video taped by the officer's in car camera. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the walk and turn test, she did not touch heel to toe, stepped off the line, and took an incorrect number of steps. She was then arrested for DUI.

Result:

Prior to any motion being argued, the State Dropped the DUI.

Oct 25, 2010 Case: 4627-XDY Judge Seff

Facts:

The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine.

Result:

The State Dropped the DUI.

Oct 25, 2010 Case: 8077-XEE Judge Krieger-Martin

Facts:

The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine.

Result:

The State Dropped the DUI.

Oct 20, 2010 Case: 2010-MM-00167-A-P Judge Ptomey

Facts:

The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused.

Result:

The State Dropped the DUI.

Oct 19, 2010 Case: 08-026650MM10A Judge Lerner-Wren

Facts:

The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.

Result:

The Judge Granted the motion to suppress and threw out all the evidence. The DUI was then Dismissed.

Oct 19, 2010 Case: CT-002456-GKB Judge Lefler

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot/watery eyes. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she failed to maintain her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she swayed, put her foot down, and used her arms for balance. She was arrested for DUI.

Result:

The DUI was Dismissed.

Oct 14, 2010 Case: 3885-FXE Judge Seraphin

Facts:

The defendant was stopped for weaving and driving to slow. The defendant had slow reactions, slurred speech, and a flushed face. The defendant performed very poorly on the roadside tests and was arrested for DUI. The officers concluded was impaired by a chemical and/or controlled substance as no alcohol was detected. Urine was requested and the defendant tested positive for Ambien.

Result:

The State Dropped the DUI.

Oct 14, 2010 Case: CT-003361-XDY Judge Thomas

Facts:

The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and red eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe, used his arms for balance, and was very off balance walking. On the one leg stand, he put his foot down numerous times and could not do the test. He was arrested for DUI and then refused the breath test.

Result:

The State Dropped the DUI.

Oct 11, 2010 Case: 08-021994MM10A Judge Brown

Facts:

The defendant was stopped for weaving all over the road whereby other vehicles had to take evasive action to avoid being struck. Upon making contact with the defendant, the initial officer observed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The DUI task force was called to the scene. The task force officer stated that in addition to the first officer's observations, he observed a flushed face and eyelid tremors. He asked the defendant to perform several field sobriety tests. After the tests, the defendant was arrested for DUI. The defendant blew a .107 in the intoxilyzer.

Result:

The Court agreed and excluded the breath test from evidence. The State subsequently dropped the DUI.

Oct 11, 2010 Case: 2010-CM-010198 Judge Mcneil

Facts:

The defendant was found by the police passed out in his car with the engine running in a parking lot. The officer observed an odor of alcohol, glassy eyes, and an inability to follow instructions. He also was cursing at the officer. He refused the roadside tests and was arrested for DUI. The defendant then refused the breath test.

Result:

The State Dropped the DUI.

Oct 11, 2010 Case: CT-001819-XEJ Judge Mcneil

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking. Prior to offering the roadside tests, the defendant stated numerous times he had ankle injuries and could not do the walk and turn and one leg stand. The officer never offered non physical exercises like the alphabet or count backwards tests and just arrested the defendant for DUI.

Result:

The State Dropped the DUI.

Oct 6, 2010 Case: 08-27790MM10A Judge Seidman

Facts:

The defendant was stopped for weaving and hitting a curb. The officer observed and odor of alcohol, slurred speech, and glassy eyes. He used the door for support and had trouble balancing himself while outside the car. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he missed heel to toe, lost his balance, and used his arms for balance. He then blew a .146 and .138 in the breath machine.

Result:

The State Dropped the DUI.

Oct 3, 2010 Case: 5108-XDY Judge Fernandez

Facts:

The defendant was stopped after almost colliding with a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant had a bleeding nose with lacerations as he had been bitten by his dog. He had to be taken to the hospital. A breath test was impractical so two separate blood draws were done on the defendant. One was for drugs and the other was for alcohol. Two separate people drew the blood. Once the alcohol came back with a blood alcohol content of .297, he was later arrested and charged with DUI.

Result:

The State Dismissed the DUI.

Oct 2, 2010 Case: 2009-CT-006803AXXX Judge Cox

Facts:

The defendant was involved in a traffic crash whereby he lost control of his vehicle, hit a cement barrier wall, then struck a guardrail. The defendant was immediately taken to the hospital by fire rescue. The trooper met the defendant at the hospital where she noticed and odor of alcohol, flushed face, and watery eyes. The trooper then ordered blood be taken from the defendant since he was not able to give a breath test. The blood results revealed a blood alcohol content of .118. The defendant was later arrested for DUI.

Result:

The State Dropped the DUI.

Oct 2, 2010 Case: CT-OO749-XAM Judge Courtney

Facts:

The defendant was stopped for weaving. After being pulled over, the defendant stated she was distracted. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. She then performed the field sobriety tests which were video taped. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she refused the breath test.

Result:

The State Dropped the DUI.

Sep 29, 2010 Case: 2010-CT-011322-O Judge Jewitt

Facts:

The defendant was stopped due to the defendant being in a hit and run accident. The officer observed the defendant fumble with her paperwork, slurred speech, and she stated she took medications for being bi-polar. She also appeared to doze off at times. She performed very poorly on the roadside tests and was arrested for DUI. The officer concluded she was impaired by a chemical or controlled substance and requested a urine test.

Result:

The State Dropped the DUI.

Sep 27, 2010 Case: 2010-CT-003638AXXX Judge Cox

Facts:

The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and flushed face. He was also unsteady getting out of the car. He refused roadsides on video. He was then arrested for DUI. After his arrest, he refused the breath test.

Result:

The State Dropped the DUI.

Sep 20, 2010 Case: 8905-XCM Judge Schwartz

Facts:

The defendant was stopped for speeding. The officer observed and odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. She performed terribly on the roadside tests and was arrested for DUI.

Result:

The State Dropped the DUI.

Sep 16, 2010 Case: CT-008674-XEF Judge Jeske

Facts:

The defendant was stopped for obstructing traffic at an intersection. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed field sobriety tests at the request of the officer. On the walk and turn, he took too many steps and on the one leg stand, he put his foot down. On the count backwards test he mixed up all the numbers and on the alphabet mixed up many letters. He was then arrested for DUI. All of which was video taped. He refused the breath test.

Result:

The State Dropped the DUI.

Sep 16, 2010 Case: CT-OO9054-XEF Judge Courtney

Facts:

The defendant was stopped for not stopping at a stop sign while making a turn. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a "corona bomb" and a shot of Bacardi one lime. She stated she felt the effects of the alcohol a little. According to the officer's reports, she performed poorly on the roadside tests which were video taped. After her arrest for DUI, she refused the breath test.

Result:

The State Dropped the DUI.

Sep 15, 2010 Case: 2010-CT-007722AXXX (JURY TRIAL) Judge Moyle

Facts:

The defendant was stopped for weaving in and out of his lane at least eight times. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a dazed look. The officer also testified that the defendant was off balance, uneasy, and uncooperative. The defendant refused the roadside tests and was arrested for DUI. There was a video tape at the scene. After his arrest, he agreed to give a breath sample. However, on video at the breath testing facility, they stated he was playing games and they could not get two valid readings so the police called it a refusal. It should be noted, the State did get one valid reading and it was .192, which was not introduced into evidence. This was the defendant's second DUI within the last five years.

Result:

The Jury found the defendant Not Guilty.

Sep 12, 2010 Case: 2518-XDP (JURY TRIAL) Judge Krieger-Martin

Facts:

The defendant was stopped for making an illegal right on red. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests. For example, on the walk and turn, he stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand, he put his foot down four times and raised his arms for balance. He was arrested for DUI and refused the breath test.

Result:

The State Dropped the DUI.

Sep 11, 2010 Case: 2009-CT-002952 Judge Janecwicz

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he spoke slowly. According to the officer, he performed poorly on the roadside tests. He was arrested for DUI, and blew a .123 and .116 in the breath machine.

Result:

The DUI was Dismissed.

Sep 11, 2010 Case: CT-OO9808-GKF Judge Jeske

Facts:

The defendant was stopped by the police based on a call about a reckless driver. Once stopped by police, the officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the roadside tests and was arrested for DUI.

Result:

The DUI was Dismissed.

Sep 8, 2010 Case: CT-008942-XEF Judge Lefler

Facts:

The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .145 in the breath machine.

Result:

The State Dropped the DUI.

Aug 30, 2010 Case: 6640-XDX Judge Miranda

Facts:

A call went out about a burglar alarm going off in a neighborhood. Police arrived and stopped the defendant who was driving slowly. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He had trouble maintaining his balance once outside the car. He performed poorly on the roadside tests and was arrested for DUI. He then blew a .136 and .128 in the breath machine.

Result:

The State Dropped the DUI.

Aug 27, 2010 Case: 2010-CT-00494-A-K Judge Miller

Facts:

The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He was also uneasy upon his feet and leaned on his car for balance. He then refused the roadside tests and the breath test.

Result:

The State Dropped the DUI.

Aug 26, 2010 Case: CT-6685-XEL Judge Thomas

Facts:

An unknown person had called from a blockbuster video that the defendant was honking his horn repeatedly. Police arrived and found the defendant driving through the parking lot and they initiated a traffic stop. The officers observed an odor of alcohol, slurred speech, and he was repeating things. They also observed swaying and he admitted drinking beer. He performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .142 and .139 in the breath machine.

Result:

The defense put forth that there was no legal basis for the traffic stop. The State Dropped the DUI.

Aug 17, 2010 Case: 2010-CT-005878AXXX Judge Arias

Facts:

The defendant was seen speeding through a security gate by a civilian. The defendant then stopped, the police were called, and contact was made by the police who detained the defendant. The officer noticed an odor of alcohol, several beer cans in the car, and watery eyes. The defendant swayed as he stood and admitted to drinking 4-5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI.

Result:

The State Dropped the DUI.

Aug 17, 2010 Case: 08-007011MM10A (JURY TRIAL) Judge Cowart

Facts:

The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, glassy eyes, flushed face, and slurred speech. The officer who made the traffic stop then called for a DUI officer. He made somewhat similar observations. The defendant stated to the DUI officer he drank a few pints of beer and was viewed as being unsteady on his feet. According to the DUI officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.

Result:

The Jury found the defendant Not Guilty.

Aug 12, 2010 Case: 48-2010-CT-002118-0 Judge Allen

Facts:

The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139.

Result:

On the morning of jury trial, the State Dropped the DUI.

Aug 12, 2010 Case: 48-2010-CT-004936-0 Judge Shoemaker

Facts:

The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine.

Result:

The State Dropped the DUI.

Aug 11, 2010 Case: 08-027331MM10A Judge Lerner-Wren

Facts:

The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer.

Result:

The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI.

Aug 11, 2010 Case: 09-2083MM10A Judge Lerner-Wren

Facts:

The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer.

Result:

The Judge granted the motion and threw out the breath test. The State dropped the DUI.

Aug 11, 2010 Case: 08-9249MM10A Judge Lerner-Wren

Facts:

The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer.

Result:

The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI.

Aug 10, 2010 Case: 08-MM-2690-A-K Judge Fowler

Facts:

The defendant was the at fault driver in a three car rear end accident. The officers noticed the defendant to have an odor of alcohol, slurred speech, and droopy eyes. The defendant was taken to the hospital where his blood was taken at the direction of the police due to his inability to take a breath test. The blood results were a .199 and .197. The defendant was charged with DUI Causing Property and/or Injury to Another.

Result:

The State Dropped the DUI.

Aug 9, 2010 Case: 2010-CT-009161-AXXX Judge Healey

Facts:

While the defendant was stopped at a red light, an unknown civilian told the police officer the defendant had just hit a curb. The officer then walked up to her car and tapped on the passenger side window and ordered her to roll the window down. He then observed an odor of alcohol, bloodshot eyes, and slurred/mumbled speech. The officer claimed she performed poorly on the field sobriety tests and arrested her for DUI. After her arrest, she refused the breath test.

Result:

The DUI was Dismissed.

Aug 7, 2010 Case: 2010-CT-016928AXXX Judge Johnson

Facts:

The defendant was found by the police passed out in a disabled car which had run out of gas. The keys were found under the driver's right leg. The defendant had an odor of alcohol and mumbled speech. The defendant performed poorly on roadside tests and was arrested for DUI. The officer believed he was impaired by a controlled substance due to the defendant's statements he had taken Xanax. He asked for a urine test but the defendant could not proved one during the requisite time period so they called it a refusal.

Result:

The DUI was Dismissed.

Aug 3, 2010 Case: 376913-W Judge Fernandez

Facts:

The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine.

Result:

The State Dropped the DUI.

Aug 2, 2010 Case: 8110-XEE Judge Seff

Facts:

The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, slurred speech, and had poor balance exiting the car. All of the field sobriety exercises were discontinued due to the defendant being completely off balance. After her arrest for DUI, she blew a .181 in the breath machine.

Result:

The State Dropped the DUI.

Jul 30, 2010 Case: 10-CT-501754 Judge Hayward

Facts:

The defendant was involved in a traffic crash in which he side swiped another car. The officer who arrived on scene, noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he drank and had taken vicoden. The defendant failed the roadside tests. For example, on the walk and turn test, he stumbled and took an incorrect number of steps. On the one leg stand test, he swayed and was hopping. He was arrested for DUI and refused the breath test.

Result:

The State Dropped the DUI.

Jul 27, 2010 Case: 5878-XDY (JURY TRIAL) Judge Newman

Facts:

The defendant was stopped for speeding.(85 mph in a 55 mph zone). The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer. he performed poorly on roadside tests. For example, on the one leg stand test, he put his foot down four times. On the finger to nose, he used the wrong hand and missed the tip of his nose. Furthermore, on the estimation of time test, he estimated 15 seconds for 30 seconds. He was then arrested for DUI. After his arrest, he blew a .095 and .094 in the breath machine.

Result:

The Jury found the defendant Not Guilty.

Jul 26, 2010 Case: 4092-XDK Judge Schwartz

Facts:

The defendant was stopped for failing to maintain a single lane and striking a curb. The defendant had an odor of alcohol, slurred speech, and vomit all over herself. She almost fell while outside the car. No roadside tests were conducted due to safety concerns for the defendant. The defendant admitted to feeling the effects of the alcohol and being impaired. She was arrested for DUI and blew a .134 and .127. in the breath machine.

Result:

The State Dropped the DUI on the morning of trial.

Jul 16, 2010 Case: 2010-CT-5513AXXX Judge Evans

Facts:

The defendant was stopped during a DUI saturation. The officer who made the stop observed the defendant weaving all over the roadway. The officer observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer arrived and observed the same DUI observations plus slurred speech and short abrupt sentences. He then had the defendant perform roadsides on video tape. According to the officer, he failed and was arrested for DUI. For example, the officer wrote that defendant messed up the alphabet, counted wrong on the one leg stand, and did the finger to nose wrong. After his arrest, he refused the breath test.

Result:

The State Dropped the DUI.

Jul 15, 2010 Case: CT-007568-XEF Judge Lefler

Facts:

The defendant was stopped for driving the wrong way down a one way street towards a police officer. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. He also had a wrist band on from a bar. According to the officer, he failed the field sobriety tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.

Result:

The State Dropped the DUI.

Jul 14, 2010 Case: 10-000675MM10A Judge Lazarus

Facts:

The defendant was originally seen weaving in and out of heavy traffic. The officer observed him driving in a serpentine manner causing several vehicles to brake. The defendant was pulled over for an improper lane change. The officer initially observed a strong odor of alcohol as well as bloodshot eyes. The defendant was unsteady upon exiting the car and subsequently urinated on himself. Upon walking to the back of the car the defendant appeared to be wobbling. After a brief attempt to perform field sobriety tests at the scene it was determined that for his safety they would be discontinued. He was arrested for DUI. At the police station, and on video, the defendant did perform the finger to nose, walk and turn as well as the stand and balance exercise. On video he looked and sounded visibly intoxicated. This was the defendant's 3rd DUI.

Result:

The motion was granted. All of the evidence was excluded. The State dropped the DUI.

Jul 12, 2010 Case: 09-013874MM10A Judge Cowart

Facts:

The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI.

Result:

The State dropped the DUI.

Jul 12, 2010 Case: CT-008452-XCF Judge Conrad

Facts:

The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine.

Result:

The State Dropped the DUI.

Jun 30, 2010 Case: 2009-CT-0065242AMB Judge Bonavita

Facts:

The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she failed the roadside tests which were video taped. For example, on the walk and turn, she did not touch heel to toe and did not count aloud. On the finger to nose, she missed the tip of her nose. After her arrest for DUI, she blew a .119 and .115 in the breath machine.

Result:

The State Dropped the DUI.

Jun 28, 2010 Case: 488341-X Judge Seraphin

Facts:

The defendant was stopped for speeding. The officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. They also observed empty beer bottles in the car. She performed poorly on the roadside tests. For example, on the walk and turn, she stepped off the line, paused to regain her balance, and raised her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and blew a .129 and .125 in the breath machine.

Result:

The State Dismissed the DUI on the morning of trial.

Jun 25, 2010 Case: 2010-CT-20874 Judge Atkin

Facts:

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He admitted to having a couple of drinks. According to the officer, he performed poorly on the field sobriety tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn, he lost his balance and did not touch heel to toe. He was then arrested for DUI.

Result:

The State Dropped the DUI.

Jun 22, 2010 Case: 7496-GGW Judge Huey

Facts:

The defendant was stopped for running a red light and straddling the lane markers. The officer noticed glassy eyes, fumbling with his documents, and difficulty with depth perception. He also noticed the defendant had unusual movements and was very animated. The defendant performed the roadside tests and according to the officer he failed everyone of them. He was arrested for DUI on the probable cause that he was impaired by a chemical and/or controlled substance.

Result:

The State Dismissed the DUI.

Jun 21, 2010 Case: 1402-XED Judge Ortiz

Facts:

The defendant was the at fault driver in a rear end crash. The officer who arrived first observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance. He performed very poorly on the roadside tests. For example, on the one leg stand test, he put his foot down and swayed. On the walk and turn test, he stepped off the line, lost his balance, and did not touch heel to toe. He was arrested for DUI and then blew a .277 and .269 in the breath machine. This was the defendant's second DUI.

Result:

The State Dropped the DUI.

Jun 15, 2010 Case: 08-026630MM10A Judge Murphy

Facts:

The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall.

Result:

The State dropped the DUI on the morning of trial.

Jun 14, 2010 Case: 5064-XDY (JURY TRIAL) Judge Ortiz

Facts:

The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI.

Result:

In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI.

Jun 14, 2010 Case: 09-022623MM10A (JURY TRIAL) Judge Ireland

Facts:

The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test.

Result:

The Jury found the defendant NOT GUILTY.

Jun 12, 2010 Case: 09-003338MM10A Judge Seidman

Facts:

The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI.

Result:

The State dropped the DUI on the morning of trial.

Jun 12, 2010 Case: 48-2009-CT-006663-O Judge Shoemaker

Facts:

The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test.

Result:

On the morning of trial, the DUI was Dismissed.

Jun 12, 2010 Case: 48-2009-CT-000771-E Judge Allen

Facts:

The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine.

Result:

On the morning of trial, the DUI was Dismissed.

Jun 7, 2010 Case: CT-005923-XEC Judge Huey

Facts:

The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI.

Result:

The State Dropped the DUI.

May 26, 2010 Case: 09-3124MM10A (JURY TRIAL) Judge Robinson

Facts:

The defendant was stopped for speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The officer who responded observed the same as above plus a flushed face, stumbling, and the defendant holding the car door for support. The defendant refused to perform the roadsides. He was arrested for DUI and then refused the breath test. This was the defendant's fourth DUI arrest.

Result:

The Jury found the defendant Not Guilty. It should be noted, the firm won the defendant's third DUI arrest for DUI at a jury trial also.

May 26, 2010 Case: 09-015087MM10A Judge Murphy

Facts:

The defendant hit a parked car in a parking lot. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking. On the one leg stand test, the defendant could only hold his foot up for 4 seconds then could not complete the task. On the finger to nose test, the defendant missed his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.

Result:

The State Dropped the DUI.

May 20, 2010 Case: CT-001285-XDY Judge Thomas

Facts:

The defendant crashed his car into a telephone pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. He was slow to respond to the officers' commands and had glassy/droopy eyes. He refused to do the roadside tests and then refused the breath test. This was the defendant's second DUI.

Result:

The State Dropped the DUI.

May 19, 2010 Case: 09-007486MM10A Judge Lazarus

Facts:

The defendant was stopped for driving 63mph in a 35mph zone. The stopping officer was a member of the DUI task force. His initial observations were an odor of alcohol, bloodshot/watery eyes, slurred speech, lethargic movements and a flushed face. The deputy observed swaying while the defendant exited the vehicle. Based on the observations, the deputy requested that the defendant perform field sobriety tests. On the walk and turn test the defendant failed to touch heel to toe and stepped off the line. On the one leg stand test the defendant dropped his foot four separate times. On the finger to nose test the defendant failed to touch the tip of his nose on all six attempts. The defendant was arrested for DUI and provided a urine sample which tested positive for cannabis.

Result:

The State dropped the DUI on the morning of trial.

May 18, 2010 Case: 2009-CT-009929AXXX (JURY TRIAL) Judge Bonavita

Facts:

The defendant was stopped for driving 100 mph in a 45 mph zone. The officer who made the stop observed an odor of alcohol, delayed responses, extremely slurred speech, and red/glassy eyes. He then called for another officer to conduct the DUI investigation. The other officer, who was doing his first DUI investigation, observed slurred speech, an odor of alcohol, a slight sway, and the defendant admitted to having three beers. The defendant agreed to perform the roadside tests which were not video taped. He performed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .141 and .138 in the breath machine.

Result:

The Jury found the defendant NOT GUILTY.

May 11, 2010 Case: 2010-CT-001793AXX Judge Moyle

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. He admitted to drinking a long island iced tea. He performed poorly on roadside tests according to the officer. For example, on the walk and turn, he raised his arms, failed to touch heel to toe, and stepped off the line. On the one leg stand, he swayed and did not look at his foot. On the finger to nose, he did not touch the tip of nose several times. After his arrest for DUI, he blew a .139 and .135 in the breath machine.

Result:

The State Dropped the DUI.

May 10, 2010 Case: 2010-MM-004357A Judge Woodard

Facts:

The defendant was stopped for driving on the rim of his tire with sparks flying. The officer noticed an odor of alcohol, bloodshot eyes, an the defendant stated he drank 2-3 beers. He was then asked to perform the roadside tests to which he complied. For example, on the walk and turn, he failed to touch heel to toe and lost his balance. On the one leg stand, he put his foot down and did not look at his foot. After his arrest, he blew a .176, .132, and .138 in the breath machine.

Result:

The State Dropped the DUI.

May 4, 2010 Case: 8126-XEJ Judge Ortiz

Facts:

The defendant was stopped for running a red light and speeding. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadside tests. For example, on the walk and turn, she lost her balance, stepped off the line, and took more than the required nine steps. On the one leg stand, she put her foot down, swayed, and used her arms for balance. She was arrested for DUI and then blew a .137 and .133 in the breath machine.

Result:

The State dropped the DUI.

May 4, 2010 Case: 2009-CT-3067 Judge Townsend

Facts:

The defendant was stopped for driving under the influence. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the two officers on scene, he failed the field sobriety tests. He was arrested for DUI and then refused the breath test.

Result:

The State Dropped the DUI.

May 1, 2010 Case: 09-115MM10A Judge Ross

Facts:

The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test.

Result:

THE STATE DROPPED THE DUI on the morning of the trial.

Apr 28, 2010 Case: 09-0631XBZTES-14 Judge Sestak

Facts:

The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI.

Result:

The State Dropped the DUI.

Apr 26, 2010 Case: 2010-CT-1925 Judge Boyer

Facts:

The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine.

Result:

On the day of trial, the State Dropped the DUI.

Apr 19, 2010 Case: 8291-XEJ Judge Krieger-Martin

Facts:

The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI.

Result:

The State Dropped the DUI.

Apr 19, 2010 Case: 9242-XDY Judge Miranda

Facts:

The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test.

Result:

The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case.

Apr 16, 2010 Case: 2009-CT-001728 Judge Jancewicz

Facts:

The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine.

Result:

The DUI was Dismissed.

Apr 13, 2010 Case: CT-3080-XDY Judge Conrad

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test.

Result:

The State Dropped the DUI.

Apr 13, 2010 Case: 10-007617MM10A Judge Gottleib

Facts:

The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest.

Result:

The State dropped the DUI.

Apr 10, 2010 Case: 2010-CT-002732-AXXX Judge Carr

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine.

Result:

The State Dropped the DUI.

Apr 6, 2010 Case: 48-2010-CT-002943-O Judge Ansbro

Facts:

The defendant drove into a complex swerving and almost hitting a guard gate. A security guard observed all of the defendant's driving. The defendant then got out of the car and laid on the grass. The security guard then called the police as he believed the defendant to be intoxicated. When the officer arrived the defendant was laying on the grass. He observed the defendant to have an odor of alcohol, red eyes, and thick tongued speech. The defendant stated to the officer he drank beer, wanted to die, and he f'd up. An open empty bottle of beer was found in the defendant's car. He did not perform any roadsides and was arrested for DUI. He then refused the breath test.

Result:

The State then Dropped the DUI.

Apr 1, 2010 Case: 2009-CT-016461 Judge Cheek

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he fumbled with his paperwork. He admitted to drinking wine. According to the officer, he failed the field sobriety tests and was arrested for DUI.

Result:

THE DUI WAS DISMISSED.

Mar 31, 2010 Case: CT-2616-XDY Judge Mcneil

Facts:

The defendant was involved in a one car traffic crash. After the crash, he went into his house and had a couple of drinks. When he came outside from his house, the officer he came into contact with smelled an odor of alcohol and saw bloodshot eyes. The defendant then performed very poorly on roadside tests on video tape. For example, he missed heel to toe, used his arms for balance, and lost his balance. On the one leg stand, he swayed, put his foot down four times, and used his arms for balance. He was arrested for DUI and refused the breath test.

Result:

The State Dropped the DUI.

Mar 23, 2010 Case: 09-CT-507331 Judge Adams

Facts:

The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, bloodshot eyes and he seemed confused. The defendant admitted to taking Xanax. He performed poorly on the roadside exercises. For example, on the walk and turn, he did not touch heel to toe and stepped off the line numerous times. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI.

Result:

The State dropped the DUI.

Mar 23, 2010 Case: 07-004361MM10A Judge Gehl

Facts:

The defendant was involved in a rear-end crash for which he was at fault. The officer noticed an odor of alcohol, flushed face, stumbling, and bloodshot eyes. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn, the defendant did not touch heel to toe, stepped off the line, and started to early. On the one leg stand, he put his foot down a few times and used his arms for balance. He was arrested for DUI and then refused the breath test.

Result:

After reviewing the depo, the State Dropped the DUI.

Mar 22, 2010 Case: 1927-XED Judge Ortiz

Facts:

The defendant crashed his car into a fence after driving at a high rate of speed. The officer observed an odor of alcohol, slurred speech, a flushed face, and he had trouble maintaining his balance. The officers suspected he was impaired by a chemical and/or controlled substance, not alcohol. This was after their investigation was complete. The conclusion was based on the eye test (ie. HGN). He was requested to give urine after his arrest for DUI and he refused.

Result:

The DUI was Dismissed.

Mar 19, 2010 Case: 09-001670CTMA Judge Tinlin

Facts:

The defendant was stopped for reckless driving. She allegedly was driving all over the roadway. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. The officer found an open cup of red wine in the car. She refused the roadside tests and the breath test.

Result:

The State Dropped the DUI.

Mar 19, 2010 Case: 09-CT-013888AXXX Judge Hanser

Facts:

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and the defendant admitted to having 4-5 drinks. He then performed the roadside tests for the officer. For example, on the walk and turn, he lost his balance during the instructions, missed heel to toe, and used his arms for balance. After his arrest for DUI, he blew a .146 and .139.

Result:

The State Dropped the DUI.

Mar 19, 2010 Case: 08-CT-0011633 Judge Brewer

Facts:

The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, rambling speech, and red eyes. The defendant appeared confused. He then performed the roadside tests at the request of the officer. For example, on the one leg stand, he swayed and used his arms for balance. On the walk and turn, he did not touch heel to toe, stepped off the line, and raised his arms. After his arrest for DUI, he blew a .084 and .081 which were both over the legal limit.

Result:

The State Dropped the DUI.

Mar 15, 2010 Case: 341851-W Judge Seraphin

Facts:

The defendant was stopped for speeding. The officer noticed an odor of alcohol, fair speech, and bloodshot eyes. On the balance exercise, he estimated 42 seconds for 30 seconds and swayed. On the finger to nose, he missed the tip of his nose all 6 times. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI.

Result:

The DUI was Dismissed.

Mar 15, 2010 Case: 4859-FZP Judge Ortiz

Facts:

The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. She was unable to keep her balance while standing. She refused the roadsides and the breath test.

Result:

The DUI was dismissed.

Mar 9, 2010 Case: 2009-CT-008693-O Judge Jewett

Facts:

The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and she admitted having three beers. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew a .123 a.120 in the breath machine.

Result:

The DUI was Dismissed.

Mar 6, 2010 Case: 10-000626CT Judge Martin

Facts:

The defendant was stopped for weaving several times. The officer noticed an odor of alcohol and balance problems. The defendant also admitted to drinking and had problems producing her driver's license and registration. She performed poorly on the roadsides according to the officer. For example, on the walk and turn, she lost her balance, failed to touch heel to toe, and took the incorrect number of steps. On the one leg stand, she used her arms for balance and put her foot down. She was arrested for DUI and then refused the breath test.

Result:

The State Dropped the DUI.

Mar 3, 2010 Case: 9058-XCM Judge Fernandez

Facts:

The defendant was stopped for failing to stop at a red light while turning right and swerving. The officer noticed an odor of alcohol, a flushed face, slurred speech, and bloodshot eyes. According to the officer, the defendant did not perform the roadsides to standards. For example, on the walk and turn, he stepped off the line, did not turn correctly, and lost his balance during the instructions. One the one leg stand, he put his foot down, swayed, and hopped. He was arrested for DUI and then refused the breath test.

Result:

The State Dropped the DUI.

Feb 17, 2010 Case: 06-022369MM10A Judge Ireland

Facts:

The defendant was stopped for driving in the wrong direction and running a red light. The officer noticed an odor of alcohol, glassy eyes, and a flushed face. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test.

Result:

The State Dropped the DUI.

Feb 16, 2010 Case: 2201-XED Judge Krieger-Martin

Facts:

The defendant was stopped for speeding and almost colliding with another car. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he failed the roadside tests and was arrested for DUI. For example, on the walk and turn, he paused to regain his balance, did not touch heel to toe, and stepped off the line. On the finger to nose, he missed the tip of his nose and did not remove his finger from his nose. After his arrest, he blew a .164 and .151 in the breath machine.

Result:

The State Dropped the DUI.

3427 results found. Viewing page 25 of 35. Go to page 1 2 3 . . . 23 24 25 26 27 28 29 . . . 34 35 Next

Receive Immediate Legal Help

You have to get your driver's license back in 10 days to keep you rights protected. Connect with an attorney by filling out the following form or call (239) 217-3723.

Get in Touch Now