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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

Jan 25, 2010 Case: 08-2585MM10A Judge Lerner-Wren
Facts: The defendant was involved in a traffic crash on the highway with extensive damage. The Trooper observed a strong odor of alcohol, extremely slurred speech and bloodshot eyes. The defendant then performed a series of field sobriety exercises. On the walk and turn test, the defendant failed to walk heel to toe and stepped off the line several times. On the HGN (eye test), she indicated all six clues of nystagmus. During the investigation, the Trooper spoke with an independent civilian witness that allegedly identified the defendant as the driver in the accident. The defendant was arrested for DUI.
Result: The motion was granted and the state dropped the DUI.
Jan 20, 2010 Case: 08-03557MM10A Judge Lazarus
Facts: The defendant was stopped for speeding. The officer immediately observed an open 18 pack of bud light in the car with a green cup filled with beer. The officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer then called for another deputy to perform the field sobriety tests. After failing to touch heel to toe on the walk and turn test as well as dropping his foot 4 times on the one leg stand, the defendant was arrested for DUI. Upon arrest, the first officer discovered 2 pill bottles in the vehicle. At the breath alcohol testing center the defendant performed the field sobriety tests again on video.
Result: The State dropped the DUI on the morning of trial.
Jan 19, 2010 Case: 5297-XDQ Judge Ortiz
Facts: The defendant was involved in a rear-end collision in which she was at fault. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had a hard time standing upright. The defendant could not perform any roadside tests up to standards due to her high level of intoxication. After her arrest for DUI, she refused the breath test. She was also arrested for resisting an officer without violence for not allowing the officers to cuff her and criminal mischief for kicking the patrol car.
Result: The State Dropped the DUI and dismissed the other two charges.
Jan 12, 2010 Case: CT-002284-GKF Judge Dominguez
Facts: The defendant was stopped for weaving and speeding which was captured on tape. The officer observed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. He then performed the field sobriety tests on video tape. For example, on the walk and turn, he failed to maintain his balance and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
Result: The State Dismissed the DUI.
Jan 12, 2010 Case: CT-000211-XEX Judge Mcneil
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, watery eyes, and he admitting drinking beers. According to the officer, he performed poorly on roadside tests which were taped. He was then arrested for DUI. He subsequently refused the breath test.
Result: The State Dropped the DUI.
Jan 10, 2010 Case: 08-019710MM10A Judge Murphy
Facts: The defendant was stopped for speeding as he was traveling over 100 miles per hour. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. For example, on the walk and turn, he lost his balance and did not touch heel to toe. After his arrest, he blew a .181 and .169 in the breath machine.
Result: The State Dropped the DUI.
Jan 3, 2010 Case: 5112-XED Judge Krieger-Martin
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking beer. The defendant did not perform the roadside tests to standards and was arrested for DUI. After his arrest, the police also found marijuana on the defendant. He then blew a .176 in the breath machine.
Result: The State Dismissed the DUI.
Jan 3, 2010 Case: 2554-XED Judge Seraphin
Facts: The defendant was stopped for driving in the wrong direction. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also admitted to drinking wine. On the one leg stand test, he put his foot down more than three times and the test was stopped. On the walk and turn, he stepped off the line, did not touch heel to toe, and lost his balance. He was arrested for DUI and blew a .236 and a .236 in the breath machine.
Result: The DUI was Dismissed on Speedy Trial grounds.
Jan 3, 2010 Case: 7828-XEJ Judge Krieger-Martin
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and he admitted to drinking. The defendant stumbled upon exiting the car. Due to "safety" concerns, the roadsides were done at the station to which the defendant performed poorly due to his level of intoxication. The defendant blew a .248 in the breath machine.
Result: The DUI was Dismissed on the morning of trial.
Jan 2, 2010 Case: 1760-XAC Judge Miranda
Facts: The defendant was involved in a rear end collision which he was not at fault. When the officer arrived, he observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant stated he had been drinking that night. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn test, the defendant used his arms for balance, took the incorrect number of steps, and started to early. The defendant was arrested for DUI.
Result: The DUI was Dismissed.
Dec 16, 2009 Case: 2009-CT-013048AXXX Judge Bosso-Pardo
Facts: The defendant was stopped after locking up his brakes and skidding into an intersection at a red light. The officer noticed an odor of alcohol, slurred speech, and a heavy Spanish accent. The defendant performed the roadside tests. For example, on the walk and turn, he took twelve steps instead of nine and turned incorrectly. On the one leg stand, he put his foot down and swayed. The defendant spoke very little English and no Spanish speaking officer was called to the scene. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI.
Dec 10, 2009 Case: CT-000327-XCM Judge Lefler
Facts: The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal.
Result: The State Dropped the DUI.
Dec 6, 2009 Case: 2008-CT-029970AXX Judge Bonavita
Facts: The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused.
Result: The State Dropped the DUI.
Dec 2, 2009 Case: 08-002892-CTMA Judge Tinlin
Facts: The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine.
Result: The State dropped the DUI.
Dec 1, 2009 Case: 2008CT023772AXXMA Judge Shore
Facts: The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI.
Result: The State dropped the DUI.
Dec 1, 2009 Case: 6025-XDX Judge Bloom
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine.
Result: The DUI was dismissed.
Dec 1, 2009 Case: 9154-XEC Judge Bloom
Facts: The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine.
Result: Just prior the motion hearing, the State dropped the DUI.
Dec 1, 2009 Case: 04-6164MM10A Judge Diaz
Facts: The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine.
Result: On the morning of trial, the State dropped the DUI.
Nov 30, 2009 Case: 09-CT-000026AXXXMA Judge Tanner
Facts: The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine.
Result: The State Dropped the DUI prior to the motions being heard.

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