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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

Jun 29, 2023 Case: 23-CT-001989 Judge Gutman
Facts: The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, slurred speech, a flushed face, trouble dividing his attention, and he swayed while he stood. He performed poorly on several roadside tests. For example, on the walk and turn, he went back up the line walking backwards. He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-000694 Judge Poblick
Facts: The defendant was the at fault driver in a rear end crash. Both vehicles had overturned as well. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he appeared unsteady. There was an open bottle of beer in the defendant's truck as well. He refused to perform the roadside tests and was arrested for DUI. He later refused breath test.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-022407 Judge Silverman
Facts: The defendant was stopped for driving too slowly and swerving back and forth. The officer observed an odor of alcohol, rambling speech, and he had gait ataxia. He also appeared drowsy and had glassy eyes. He then performed roadside tests such as the one leg stand, walk and turn, and HGN (eye test). He was arrested for DUI and later blew a .228 and .218 in the breath machine.
Defense: The firm spoke to the prosecutor on numerous occasions regarding the defendant and the evidence.
Result: They then Dropped the DUI.
Jun 29, 2023 Case: 23-CT-001989 Judge Gutman
Facts: The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, slurred speech, a flushed face, trouble dividing his attention, and he swayed while he stood. He performed poorly on several roadside tests. For example, on the walk and turn, he went back up the line walking backwards. He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-000694 Judge Poblick
Facts: The defendant was the at fault driver in a rear end crash. Both vehicles had overturned as well. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he appeared unsteady. There was an open bottle of beer in the defendant's truck as well. He refused to perform the roadside tests and was arrested for DUI. He later refused breath test.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-011039 Judge Taylor
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and an unstable balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. This was the defendant's Third DUI arrest.
Defense: The officer over exaggerated the defendant's level of impairment in his reports. The reports were contradicted by the video. The State Dropped the DUI. It should be noted that the firm also represented her on her last DUI and it was also Dropped.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-013515 Judge Taylor
Facts: The defendant was stopped for failure to maintain a single lane and affecting the general flow of traffic. The officer noticed an odor of alcohol, a red face, slurred speech, watery/glassy eyes, and he was unsteady on his feet. The defendant only performed the HGN (eye test), refused all further roadside tests and was then arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was not unsteady. After several conversations with the prosecutor, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-017275 Judge Taylor
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes and he admitted to having drank and smoked pot earlier. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The defendant performed much better on the field tests on tape than was written in the reports. After reviewing the case, the State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001587 Judge Taylor
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, a red face and fumbling fingers. He also stated he had drank a couple of drinks earlier in the day. After performing roadsides, he was arrested for DUI. He later blew a .131 and .129 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001059 Judge Taylor
Facts: The defendant was stopped for speeding and tailgating. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had difficulty dividing her attention. She then performed various field sobriety tests and was arrested for DUI. She later blew a .169 and .156 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-017275 Judge Taylor
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes and he admitted to having drank and smoked pot earlier. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The defendant performed much better on the field tests on tape than was written in the reports. After reviewing the case, the State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001587 Judge Taylor
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, a red face and fumbling fingers. He also stated he had drank a couple of drinks earlier in the day. After performing roadsides, he was arrested for DUI. He later blew a .131 and .129 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-011039 Judge Taylor
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and an unstable balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. This was the defendant's Third DUI arrest.
Defense: The officer over exaggerated the defendant's level of impairment in his reports. The reports were contradicted by the video. The State Dropped the DUI. It should be noted that the firm also represented her on her last DUI and it was also Dropped.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-013515 Judge Taylor
Facts: The defendant was stopped for failure to maintain a single lane and affecting the general flow of traffic. The officer noticed an odor of alcohol, a red face, slurred speech, watery/glassy eyes, and he was unsteady on his feet. The defendant only performed the HGN (eye test), refused all further roadside tests and was then arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was not unsteady. After several conversations with the prosecutor, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001059 Judge Taylor
Facts: The defendant was stopped for speeding and tailgating. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had difficulty dividing her attention. She then performed various field sobriety tests and was arrested for DUI. She later blew a .169 and .156 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 27, 2023 Case: 23-CT-010613 Judge Musselman
Facts: The defendant was stopped for driving with her high beams on as well as weaving. The officer noticed an odor of alcohol, a disheveled appearance, and glassy eyes. Her speech was mumbled and she also swayed. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .120 and .117 in the breath machine.
Defense: After several conversations and negotiations with the State, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 27, 2023 Case: 23-CT-010613 Judge Musselman
Facts: The defendant was stopped for driving with her high beams on as well as weaving. The officer noticed an odor of alcohol, a disheveled appearance, and glassy eyes. Her speech was mumbled and she also swayed. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .120 and .117 in the breath machine.
Defense: After several conversations and negotiations with the State, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 23, 2023 Case: 22-CT-013498 Judge Zuckerman
Facts: The defendant was stopped for having no tag lights. The officer noticed an odor of alcohol, bloodshot eyes, and he had a sway to his stance. He admitted to having drank two beers. He then performed various roadside tests such as HGN (eye test), walk and turn, one leg stand, and estimation of time. He was then arrested for DUI and later refused a breath test. This was the defendant's Second refusal to take a breath test and he was also charged with Second refusal.
Defense: On tape, the officer is heard on his radio and seen on his body worn camera calling for a tow truck prior to the defendant even competing the field sobriety tests. This was brought to the State's attention. In other words, he made up his mind without even giving the defendant a fair shot. The tow truck and even be seen arriving while he was finishing the estimation of time test. The State Dropped the DUI and dismissed the refusal charge.
Result: The State dropped the DUI.

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