| 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. | |
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OUR RECENT DUI VICTORIES
| 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: 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: 2009-CT-003826 | Judge Epperson |
| Facts: | The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine. | |
| Result: | The State agreed with the motions and 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. | |
| Nov 30, 2009 | Case: 4398-FGR | Judge Seraphin |
| Facts: | The defendant was stopped for driving west bound in the east bound lane. The defendant had bloodshot eyes and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, she put her foot down four times. On the finger to nose, she missed the tip of her nose, used the wrong hand, and did not remove her finger. She was arrested on the belief she was impaired by a chemical or controlled substance. | |
| Result: | The State Dropped the DUI. | |
| Nov 18, 2009 | Case: CT-003142-FTB | Judge Dominguez |
| Facts: | The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Nov 13, 2009 | Case: CT-006378-XAM | Judge Lefler |
| Facts: | The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 9, 2009 | Case: 08-014310MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine. | |
| Result: | The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI. | |
| Nov 6, 2009 | Case: 08-012530MM10A | Judge Ireland |
| Facts: | The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI. | |
| Nov 6, 2009 | Case: 08-7749MM10A | Judge Cowart |
| Facts: | The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene. | |
| Result: | The State dropped the DUI. | |
| Nov 3, 2009 | Case: 2008-CT-029025AXX | Judge Marx |
| Facts: | The defendant was involved in a crash in which he rear ended another car. The officer observed an odor of alcohol, slurred/slow speech, and the defendant had a hard time keeping his balance. The defendant refused the roadside tests and the breath test. | |
| Result: | The State dropped the DUI. | |
| Oct 29, 2009 | Case: 08-019731MM10A | Judge Cowart |
| Facts: | The defendant failed to stop at a stop sign and almost collided with a police officer. The officer observed a strong odor of alcohol and the defendant was asked to exit the car. The defendant told the officer that she had a long island ice tea and the officer would be sorry. The defendant performed a series of field sobriety tests. On the walk and turn test she counted improperly and failed to stay on the line during the heel to toe portion of the test. On the one leg stand test she complained that her hip was hurting and it was discontinued. The defendant was arrested for DUI and blew a .131 in the breath machine. | |
| Result: | The Judge agreed and threw out the breath test. The State subsequently dropped the DUI. | |
| Oct 23, 2009 | Case: 07-027271MM10A | Judge Robinson |
| Facts: | The defendant was stopped while driving through a multi-jurisdictional DUI checkpoint. The initial officer who made contact with her observed a strong odor of alcohol and glassy bloodshot eyes. The DUI officer also noticed a flushed face as well as slurred speech. She then admitted that she was at a club and had three drinks. She performed three field sobriety tests. On the HGN (eye test), the officer observed jerking in the defendant's eyes. On the one leg stand, the defendant placed her foot down four different times. On the walk and turn test the defendant failed to walk heel to toe in a straight line. The defendant was arrested for DUI and blew a .083 in the breath machine. | |
| Result: | The motion was granted and all of the evidence was thrown out. The State took an appeal. The appeal was subsequently dismissed and the DUI was dismissed. | |
| Oct 22, 2009 | Case: 09-MM-450 | Judge Green |
| Facts: | The defendant was involved in a one car traffic crash. The car became airborne and struck several trees. The defendant was ejected from the car and the other two people in the car were outside the car when paramedics arrived. They, as well as the defendant, were transported to the hospital. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He admitted drinking while playing golf. Blood was drawn from the defendant which revealed a blood alcohol level of .21. | |
| Result: | The DUI was Dismissed. | |
| Oct 22, 2009 | Case: 2009-06705MMAWS | Judge Marshall |
| Facts: | The defendant was stopped for driving to slow and swerving. The officer observed an odor of alcohol and he fumbled with his paperwork. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, he put his foot down, swayed, and used his arms for balance. On the walk and turn, he paused to regain his balance, took the incorrect number of steps, and stepped off the line. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Oct 21, 2009 | Case: 2009-CM-003275 | Judge Lefler |
| Facts: | The defendant was stopped after almost nearly colliding with the center median. The officer observed an odor of alcohol and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 in the breath machine. | |
| Result: | Prior to the motion hearing, the State dropped the DUI. | |
| Oct 20, 2009 | Case: 2008-CT-012759AXX (JURY TRIAL) | Judge Bonavita |
| Facts: | The defendant was stopped for swerving badly within his lane, drifting across the lane dividers, and making quick lane changes over the course of close to 1 3/4 miles. Once stopped, the officers observed an odor of alcohol, red eyes, and slurred/mumbled/sluggish speech. He admitted to having a wine and one scotch and water. The officers observed the defendant to be off balance as he was swaying from front to back and he almost fell after dropping his cell phone. The defendant refused to do the roadside tests after repeatedly asking for a lawyer. After his arrest for DUI, he refused the breath test at the breath testing facility where he again he asked for an attorney. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Oct 19, 2009 | Case: 08-028554MM10A | Judge Ross |
| Facts: | The arresting officer responded to a shopping mall in reference to a heavily intoxicated male. Upon arrival, the officer made contact with an individual who advised what the defendant was wearing, the type of vehicle he drove and that he was unable to keep his balance on the way to his vehicle. He also advised the officer that it looked as if the defendant hit a parked car while exiting the mall. The officer was advised by police radio that fire rescue was following the defendant and eventually blocked him from moving. When the officer arrived, he exited his vehicle and confirmed that this was the same vehicle and it had fresh paint damage as a result of an accident. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face, slurred speech and extreme unsteadiness. The defendant performed poorly on the walk and turn, finger to nose and rhomberg balance test. He was arrested for DUI. This was his 2nd DUI. | |
| Result: | The Judge Granted the motion. The DUI was dismissed. | |
| Oct 15, 2009 | Case: 09-505491-CT | Judge Gagliardi |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant was "unsure" of her footing when she exited the car. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she used her arms, did not count aloud, and missed heel to toe. On the one leg stand, she placed her foot down and used her arms for balance. There was no video of the incident. She was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
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