| Oct 14, 2008 | Case: 511996-W | Judge Miranda |
| Facts: | The defendant was stopped at a sobriety checkpoint (ie. a roadblock). The officers observed an odor of alcohol, slurred speech, and a flushed face. According to the officers, the defendant performed poorly on the roadside tasks. For example, on the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand task, he put his foot down more than once, swayed, and hopped. He was arrested for DUI and later refused the breath test. | |
| Result: | THE DUI WAS DISMISSED BASED ON THE STATE'S DISCOVERY VIOLATIONS. | |
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CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Oct 14, 2008 | Case: CT-001856-XCG | Judge Conrad |
| Facts: | The defendant was involved in a traffic crash when he lost control of his vehicle, drove across all lanes of traffic, and struck a tree. The defendant was taken to the hospital due to injuries suffered during the crash. At the hospital, the officer investigating the accident observed the defendant to have an odor of alcohol and bloodshot eyes. The officer requested blood from the defendant because a breath test was not possible. The defendant refused. The hospital had already drawn his blood for medical purposes which revealed a blood alcohol level of .175. The defendant was subsequently arrested for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Oct 14, 2008 | Case: 8194-XCM | Judge Ortiz |
| Facts: | The defendant was stopped for doing a "power skid" at a high rate of speed. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. After performing poorly on the roadside tasks, he was arrested for DUI. He then blew a .162 in the breath machine. | |
| Result: | ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI. | |
| Oct 11, 2008 | Case: CT-08-009081-XCL | Judge Courtney |
| Facts: | An off duty officer noticed the defendant drinking in a bar and felt that he was intoxicated due to his actions. The off duty officer followed the defendant outside the bar to prevent him from driving, however, the defendant already drove away. A civilian who had been in the bar, ended up stopping the defendant down the road. When the officers arrived at that location, they noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. The defendant could not even do the walk and turn due to his intoxication level. The entire incident was captured on video tape. The defendant was then arrested for DUI. | |
| Result: | On the day of the motion hearing, THE STATE DISMISSED THE DUI. | |
| Oct 7, 2008 | Case: 2008-CM-005112 | Judge Conrad |
| Facts: | The defendant was stopped for straddling the lane markers and speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer saw marijuana on the defendant's seat and he had difficulty following instructions. He performed poorly on the roadside tasks. For example, he miscounted on the count backwards test (100-75) and incorrectly recited the alphabet. The defendant was arrested for DUI and possession of marijuana. He subsequently refused to take the breath test. | |
| Result: | THE STATE DROPPED THE DUI AND THE DEFENDANT DID NOT RECEIVE ANY CONVICTION ON THE MARIJUANA CHARGE. | |
| Oct 3, 2008 | Case: 07-CT-5778-XDN | Judge Lefler |
| Facts: | The defendant was detained outside of the guard gate at McDill Air Force Base. The Sgt. at the security gate observed an odor of alcohol, bloodshot eyes and slurred speech. The Sgt. contacted the local police department to conduct an investigation. The investigating officer made the same observations and administered field sobriety tests. After the tests, the defendant was arrested for DUI. He subsequently blew a .199 in the breath machine. | |
| Result: | On appeal, the motion was granted and the DUI WAS DISMISSED. | |
| Oct 3, 2008 | Case: 0664-XDK | Judge Mills-Francis |
| Facts: | The defendant was stopped for weaving on the roadway as well as speeding. He then allegedly stumbled as he exited the car. The officer observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The defendant stated he had 5-6 drinks. After failing the one leg stand, the defendant was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Oct 3, 2008 | Case: 07-CT-7818-XCF | Judge Courtney |
| Facts: | The defendant was the at fault driver in a crash. The deputy observed an odor of alcohol and bloodshot watery eyes. The defendant was taken to the hospital where she provided a .105 blood alcohol sample. While at the hospital she admitted to drinking 2 vodkas with cranberry. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 1, 2008 | Case: 07-010243MM10A | Judge Murphy |
| Facts: | The defendant was involved in a hit and run accident. The driver of the other vehicle identified the defendant as the person who fled the scene. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing and was arrested for DUI. | |
| Result: | The State dropped the DUI prior to the Judge's ruling. | |
| Oct 1, 2008 | Case: 07-2079CT | Judge Atack |
| Facts: | The defendant was stopped for speeding and weaving on his motorcycle. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant admitted to drinking four beers and taking Xanax. The defendant failed the roadside tests according to the officer, however, they were not video taped. After his arrest for DUI, the defendant refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI PRIOR TO TRIAL. | |
| Sep 23, 2008 | Case: 2008-CT-108 (JURY TRIAL) | Judge Smith |
| Facts: | The defendant was found passed out behind the wheel of a motor vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and flushed face. The defendant had an open beer in the car and appeared disoriented. He failed all the field sobriety tests and after his arrest for DUI blew a .207 in the breath machine. This was the defendant's second DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Sep 15, 2008 | Case: 8777-XCM | Judge Miranda |
| Facts: | The defendant was stopped for swerving in and out of traffic while speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. He performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the finger to nose he missed the tip of his nose several times. On the walk and turn he failed to walk heel to toe and turned improperly. He was arrested for DUI and blew a .145. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Sep 15, 2008 | Case: 9021-XCM | Judge Miranda |
| Facts: | The defendant was stopped for swerving back and forth almost losing control of the vehicle. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. On the rhomberg balance test he estimated 59 seconds for 30 seconds while swaying throughout. On the walk and turn test, he lost his balance during the instructions while failing to walk heel to toe in a straight line. The one leg stand was discontinued for the defendant's safety. On the finger to nose test, he missed the tip of his nose on five out of six attempts. He was arrested for DUI and blew a .166 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Sep 12, 2008 | Case: 08-CT-005649 | Judge Epperson |
| Facts: | The defendant was stopped for weaving several times. The officer observed an odor of alcohol and bloodshot eyes. Once the defendant stepped out of the car, she was off balance and unsteady. She admitted having three vodka/cranberry drinks and then performed poorly on the field sobriety tests. After her arrest for DUI, she blew a .233 and .244 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Sep 6, 2008 | Case: CT-1635-XCM | Judge Lefler |
| Facts: | The defendant was stopped for driving at a high rate of speed and for almost hitting a car as she came to screeching stop at a red light. The officer observed an odor of alcohol, bloodshot eyes, and she used the car for balance. She performed the field sobriety exercises poorly according to the officer and was arrested for DUI. The defendant subsequently refused the breath test. All the roadside tests were video taped. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Aug 22, 2008 | Case: 08-507623WTWS | Judge Salton |
| Facts: | The defendant was stopped for squealing his tires. He allegedly did a "burnout" 4-5 times according to the officer. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed very poorly on roadside tests and then blew a .209 in the breath machine. This was the defendant's second DUI. | |
| Result: | THE JUDGE, AFTER REVIEWING FLORIDA LAW, GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DROPPED THE DUI. | |
| Aug 20, 2008 | Case: 07-005578MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving 65mph in a 45mph zone. The first officer on scene observed a strong odor of alcohol and bloodshot watery eyes. A DUI officer arrived and performed field sobriety tests. On the walk and turn test the officer stated that the defendant stepped off the line 7 times and failed to walk heel to toe. On the one leg stand he allegedly dropped his foot 3 times and swayed while attempting to balance himself. He then stated that he drank a few Captain Morgan's and was going home. He was arrested for DUI. | |
| Result: | The State dropped the DUI in the middle of the motion to suppress. | |
| Aug 13, 2008 | Case: 2007-CT-019166AXX | Judge Keyser |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, glassy eyes, and a bottle of bottle of Jack Daniels in the car. The defendant admitted to drinking and was asked to perform field sobriety tests which were video taped. According to the officer, he performed poorly on the one leg stand and walk and turn tests and then was arrested for DUI. He subsequently refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Aug 12, 2008 | Case: 2008CT-025724AXX | Judge Eissey |
| Facts: | The defendant crashed into a median on interstate 95 after he lost control of the car when a tire blew out. When the officer arrived, he observed an odor of alcohol and slurred speech. The airbags had deployed and the defendant had glass on his face from the impact of the crash. The officer then requested that the defendant perform field sobriety tests and the defendant complied. On the walk and turn test, he failed to touch heel to toe, stepped off the line, and almost fell. On the one leg stand exercise, he counted to three and then used the wall for support. The defendant was arrested for DUI and then refused the breath test. | |
| Result: | JUST PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DUI. | |
| Aug 9, 2008 | Case: 3113-XCK | Judge Arzola |
| Facts: | The defendant was observed driving her vehicle into a tree. When the officers arrived, the defendant's car was still in drive resting against the tree. The officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. She then performed several field sobriety tests. On the walk and turn test the defendant lost her balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand, the defendant put her foot down several times. On the finger to nose test, she failed to touch her finger to her nose. On the balance test she swayed and estimated 20 for 30 seconds. She was arrested for DUI. This was her 3rd DUI. | |
| Result: | The DUI was dismissed. | |
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