| Feb 6, 2008 | Case: 8252-XCM | Judge Fernandez |
| Facts: | The defendant was stopped for blocking traffic. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant stated he drank a few vodkas. A bottle of vodka was also found in the car. The defendant performed poorly the roadside tests and then blew a .106 in the breath machine after his arrest for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
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OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jan 31, 2008 | Case: 05-006867TCA04 (JURY TRIAL) | Judge Corlew |
| Facts: | The defendant was stopped for heavily accelerating from a stopped position in a highly concentrated pedestrian area, speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, slow/mumbled/slurred speech, and poor comprehension. Furthermore, the defendant admitted to drinking two beers, appeared unstable, and had to use the trunk for balance. The defendant refused to do the roadside tasks. Prior to being placed under arrest, he stated he was going home and started to walk away from the officer until he was grabbed and cuffed. After his arrest for DUI, he refused the breath test. This was the defendant's THIRD OFFENSE within a ten year period. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Jan 29, 2008 | Case: 07-CT-025493AXX (JURY TRIAL) | Judge Johnson |
| Facts: | The defendant was stopped for weaving and driving on the lane markers. The officer noticed slurred speech, bloodshot eyes, and large pupils. Believing the defendant was impaired by something, the officer called for a DUI unit. When the DUI unit arrived, she observed an odor of alcohol, slurred speech, a dazed look, and he was unsteady exiting the truck. The defendant also seemed confused by very simple questions according to the officer. The defendant then refused to perform the roadside tasks and subsequently refused the breath test after his arrest for DUI. | |
| Result: | After the State rested their case, the defense moved for a judgment of acquittal. (i.e. moved to dismiss the case). The defense argued that the State had not proven the first element of DUI. (i.e. that the defendant was driving or in actual physical control). We argued that since the stopping officer could not ID the defendant as the driver, no one could testify where the keys were located, and the arresting officer never testified that the defendant was in the driver's seat, the State had not met its preliminary burden. THE CASE WAS DISMISSED IN THE MIDDLE OF JURY TRIAL. | |
| Jan 28, 2008 | Case: 07-006084MM10A | Judge Ireland |
| Facts: | The defendant was stopped for weaving on the roadway almost striking a police car. The officer approached the window and observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, she had to be held up by the officer. She couldn't maintain her balance on the walk and turn test. She refused to complete the one leg stand and was arrested for DUI. | |
| Result: | The state dropped the DUI on the morning of trial. | |
| Jan 17, 2008 | Case: CT-004104-XAM (JURY TRIAL) | Judge Barber |
| Facts: | The defendant was stopped by the police when the officer observed the defendant's truck to have front end damage, the hood up, and no lights. The defendant had just been involved in a crash just prior to the stop. The crash was never investigated. The officer smelled an odor of alcohol and called for a DUI task force officer. The DUI officer smelled alcohol, observed the defendant swaying and having bloodshot eyes. He also admitted drinking three beers. The defendant refused the roadside tasks and was arrested for DUI. After his arrest, the defendant agreed to submit to a breath test. He blew several times into the breath machine with breath alcohol levels ranging from a .149 to as high a .174. | |
| Result: | AFTER SELECTING A JURY FOR THE CASE, THE STATE DROPPED THE DUI. | |
| Jan 12, 2008 | Case: CT-009097-XAM | Judge Thomas |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred/thick tongued speech, and glassy eyes. According to the officer, the defendant fumbled while looking for his license and was unsteady while standing outside of the car. He then performed the walk and turn and one leg stand tests. For example, on the walk and turn, the defendant did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down and swayed. An open bottle of Coors light was found in the car. The whole incident was captured on video. After his arrest for DUI, he refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI PRIOR TO TRIAL. | |
| Jan 12, 2008 | Case: 9412-XEC | Judge Arzola |
| Facts: | The defendant was stopped for weaving and driving without headlights. Upon approaching the car the officer noticed bloodshot eyes, slurred speech and a strong odor of alcohol on her breath. The defendant was asked to step out of the vehicle and was she was unsteady on her feet. The defendant was asked to perform several field sobriety tests. On the walk and turn test she failed to walk on the line and never touched heel to toe. On the one leg stand test she placed her foot down two times. On the finger to nose test she failed to touch her nose 5 out of 6 times. She was arrested for DUI. | |
| Result: | THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL. | |
| Jan 4, 2008 | Case: 07-CT-1702-XCM | Judge Conrad |
| Facts: | The defendant was stopped for backing up against traffic and almost striking another vehicle. The officer observed an odor of alcohol and bloodshot watery eyes. On the walk and turn test she failed to touch heel to toe. On the one leg stand she hopped during the test. On the finger to nose, she failed to touch the tip of her finger to the tip of her nose. She was arrested for DUI and blew a .125 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 4, 2008 | Case: 07-CT-1828-XCM | Judge Conrad |
| Facts: | The defendant was stopped for fleeing the police. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused to perform any sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 4, 2008 | Case: 2007-CT-020780AXX (JURY TRIAL) | Judge Eissey |
| Facts: | The defendant was stopped for speeding and weaving. The officer who made the traffic stop, observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then called for a DUI task force officer to conduct a DUI investigation. When the DUI officer arrived, he made similar observations. Further, he also noticed the defendant swaying while standing and walking with balance problems. The defendant agreed to perform the HGN (eye test) then refused any further field sobriety testing and the breath test. He also admitted to drinking four beers. This was the defendant's SECOND DUI and his prior DUI was a Felony DUI with Serious Bodily Injury. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Jan 2, 2008 | Case: 2005CT016686 (JURY TRIAL) | Judge Boyleston |
| Facts: | The defendant was stopped for driving eastbound in the westbound lanes and driving onto the grass. The officer observed an odor of alcohol, and the defendant admitted to drinking 4 drinks. His eyes were also glassy and dilated. The defendant performed the one leg stand, walk and turn and finger to nose test. He was subsequently arrested for DUI and blew a .096 in the breath machine. | |
| Result: | The State subsequently dropped the DUI. | |
| Dec 20, 2007 | Case: 2007-CT-031099AXX | Judge Johnson |
| Facts: | The defendant was involved in a traffic crash. The officer who arrived first, observed the defendant to be passed out behind the wheel. When the defendant awoke, the officer observed red eyes, slurred/slow speech and confusion. The officer attempted roadside tasks, but the defendant kept falling asleep. For safety reasons, no tests were conducted. The defendant was arrested based on the officer's belief he was impaired by a chemical and/or controlled substance. | |
| Result: | THE DUI WAS DISMISSED. | |
| Dec 13, 2007 | Case: 07-007313MM10A | Judge Seidman |
| Facts: | The defendant was stopped for speeding and drifting between two lanes. After the officer activated his overhead lights, the defendant continued driving for another 6 blocks. The officer observed an odor of alcohol, bloodshot eyes and mumbled speech. He performed the HGN (eye test), walk and turn test and the one leg stand. Based on his performance on the field sobriety tests he was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 13, 2007 | Case: 07-CT-003861-XAM | Judge Conrad |
| Facts: | The defendant was stopped for weaving and braking for no reason. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking four beers. On video, the defendant performed the walk and turn and one leg stand tests. According to the officer, he performed poorly and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI PRIOR TO TRIAL. | |
| Dec 11, 2007 | Case: 3043-XDH | Judge Krieger-Martin |
| Facts: | The defendant was stopped for weaving and almost striking 2 different vehicles. The officer noticed a strong odor of alcohol, bloodshot/watery eyes and slurred speech. The defendant allegedly held onto the door for balance as he exited the car. He then performed the walk and turn test, and the one leg stand. He was subsequently arrested for DUI and blew a .168 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Dec 3, 2007 | Case: CT-001385-XCG | Judge Conrad |
| Facts: | The defendant was stopped for being involved in an accident. Prior to stopping the defendant, the officer noticed a heavily damaged vehicle. The officer observed an odor of alcohol, bloodshot eyes and extremely slurred speech. Also, he was very unstable on his feet. All of the observations were captured on video. The defendant refused all testing and was arrested for DUI. In the police car he continuously banged his head against the cage. He was eventually hogtied for his safety. | |
| Result: | At the motion to dismiss, the State dropped the DUI. | |
| Dec 3, 2007 | Case: 489176-X (JURY TRIAL) | Judge Lindsey |
| Facts: | The defendant was stopped for driving on the center lane marker and constantly hitting his brakes for no reason. Once stopped, the officer observed an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The defendant failed the field sobriety tests at the scene. For example, on the walk and turn, he stepped off the line, turned incorrectly, and did not touch heel to toe. On the one-leg stand, he swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .082 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Dec 2, 2007 | Case: 06-CT-1319-XCG | Judge Lefler |
| Facts: | The defendant was stopped for speeding and drifting from lane to lane. The officer observed an odor of alcohol and bloodshot, glassy eyes. A DUI unit was called to the scene and that officer made similar observations. The defendant performed field sobriety exercises on video tape at the scene. In the officer's reports, he wrote that she failed all the tests including the walk and turn, one leg stand, finger to nose, and rhomberg balance exercise. The defendant refused the breath test after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2007 | Case: 2006-CT-003913AXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for driving off the roadway and speeding. The initial officer observed an odor of alcohol and then called for a DUI unit. The DUI officer observed an odor of alcohol, thick tongued speech, and unsteadiness exiting the car. The defendant refused to perform the field sobriety tests, however, blew a .113 in the breath machine after the arrest for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 19, 2007 | Case: 3068-XDH | Judge Newman |
| Facts: | The defendant was observed by the police nearly striking a pedestrian crossing the street after running a red light. The officer noticed an odor of alcohol, slurred speech and a flushed face. The defendant admitted to drinking two cups of wine. He performed poorly on the field sobriety tasks and then refused the breath test. The defendant was very insulting towards the arresting officer during the entire investigation. | |
| Result: | ON THE MORNING OF TRIAL, THE DUI WAS DISMISSED. | |
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