| Feb 7, 2007 | Case: 05-024487MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped at a DUI checkpoint. The officer observed swaying, slurred speech and dilated eyes. The defendant failed each sobriety test and was arrested for DUI. The defendant gave a urine sample which revealed several controlled substances in his system. | |
| Result: | The motion was granted and the DUI was dismissed. | |
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OUR RECENT DUI VICTORIES
| Feb 7, 2007 | Case: 07-001536MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI. | |
| Result: | Rather than put the officer on the stand, the state dropped the DUI. | |
| Feb 7, 2007 | Case: 03-030181MM10A | Judge Robinson |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine. | |
| Result: | The motion was granted and the DUI was dropped. | |
| Feb 4, 2007 | Case: 188014-J | Judge Arzola |
| Facts: | The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 4, 2007 | Case: 377205-W | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine. | |
| Result: | ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI. | |
| Feb 4, 2007 | Case: 04-008314MM10A | Judge Diaz |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine. | |
| Result: | The motion to exclude the breath test was granted and the State dropped the DUI. | |
| Jan 30, 2007 | Case: 05-016533MM10A (JURY TRIAL) | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids. | |
| Result: | The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers. | |
| Jan 24, 2007 | Case: 06-003147MM10A | Judge Murphy |
| Facts: | The defendant was stopped for making a wide turn across 3 lanes of traffic and then weaving on the roadway. After observing a strong odor of alcohol, bloodshot eyes and slurred speech, the officer called for a DUI deputy. The deputy made the same observations, as well as a lack of balance. The defendant failed the field sobriety tests and was subsequently arrested for DUI. He later blew a .121 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 19, 2007 | Case: 06-CT-1908-XAM | Judge Barber |
| Facts: | The defendant was stopped for weaving and almost hitting a curb which was captured on video. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests which were also video taped. After his arrest for DUI, the defendant blew a .195 in the breath machine. | |
| Result: | The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. | |
| Jan 19, 2007 | Case: 06-CT-1228-XAM | Judge Barber |
| Facts: | The defendant was initially seen by an officer standing outside her car. The defendant's car was obstructing traffic at the time the officer came upon the scene. The officer approached the defendant and asked if it was her car in which the defendant told her "yes". The officer noticed and odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called and made similar observations. The defendant was asked to perform field sobriety tests which she failed. After her arrest for DUI, the defendant blew a .215 in the breath machine. | |
| Result: | On the day of the motion hearing, the STATE DROPPED THE DUI. | |
| Jan 17, 2007 | Case: 05-11405MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding. The officer stated there was a delay in the defendant responding to his police lights. He observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant refused the roadside tests. The defendant was slow and sluggish in answering the officer's questions. He subsequently tested positive for marijuana in a urine test. | |
| Result: | On the morning of jury trial, the STATE DROPPED THE DUI. | |
| Jan 16, 2007 | Case: 4673-XAP | Judge Newman |
| Facts: | The defendant lost control of her vehicle and was involved in an accident. The officers noticed an odor of alcohol, bloodshot eyes and slurred speech. Because of the physical condition of the defendant, a breath test was impractical. The blood test revealed a .186 alcohol level. | |
| Result: | The blood test was excluded and the State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-0289-EZH | Judge Rice |
| Facts: | The defendant ran a red light causing a traffic crash. The Deputy observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness on his feet. In addition to providing the defendant with field sobriety tests, the deputy also had him blow into a portable breath machine called an alco-sensor. The alco-sensor registered positive for alcohol and the defendant was arrested for DUI. At the police station, the defendant blew a .158 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-009168-XDK | Judge Rice |
| Facts: | The defendant was sleeping in a vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and bloodshot eyes. She failed the one leg stand as well as the walk and turn tests. She was arrested for DUI and blew a .163 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-8304-XCF | Judge Rice |
| Facts: | The defendant was stopped for failing to maintain a single lane 6 times with a quarter of a mile. The officer detected an odor of alcohol and the defendant admitted to drinking 2 beers and taking anxiety medication. The defendant was unsteady on her feet and allegedly failed the field sobriety tests. She was subsequently arrested for DUI. She blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 3, 2007 | Case: 06-CT-030599ASB (TRIAL) | Judge Marx |
| Facts: | The defendant was stopped for crossing over lanes of traffic without signaling, hitting his brakes numerous times, and driving at different speeds. The officer observed an odor of alcohol, thick/slurred speech, and bloodshot eyes. The defendant was also argumentative with the officer. The defendant refused the roadside tests and breath test. | |
| Result: | The defendant was found NOT GUILTY AT TRIAL. | |
| Dec 20, 2006 | Case: 06-9110MM10A | Judge Ross |
| Facts: | The defendant was involved in an accident whereby he struck a flatbed wrecker. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and appeared to be lethargic. Prior to the field sobriety tests he was swaying side to side and wobbling. On the walk and turn he failed to walk heel to toe and stepped off the line. On the finger to nose he failed to touch the tip of his nose and used the wrong hand. On the one leg stand he failed to keep his foot in the air. He was subsequently arrested for DUI. This was his SECOND DUI. | |
| Result: | Motion granted DUI Dismissed. | |
| Dec 9, 2006 | Case: CTC-069970-XAN-TWS (JURY TRIAL) | Judge Salton |
| Facts: | The defendant was stopped driving with his high beams. The officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered as he exited the vehicle and was unsteady on his feet. He performed poorly on roadside tests. For example, he put his foot down numerous times on the one leg stand. On the walk and turn, he never touched heel to toe, used his arms for balance, and stepped off the line. The defendant also incorrectly recited the alphabet. | |
| Dec 9, 2006 | Case: CT-001448-XAM | Judge Lefler |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to drinking and performed poorly on roadside tests. He blew a .109 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2006 | Case: 04-005134MM10A (JURY TRIAL) | Judge Gehl |
| Facts: | The defendant was seen driving 72mph in a 50mph zone. After the police put their lights on the defendant failed to pull over for approximately 1/2 of a mile. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform 3 field sobriety tests which were all on video. On the one leg stand the defendant could not raise his foot off the ground for more than 2 seconds. On the walk and turn test the defendant failed to touch heel to toe and took the improper number of steps. On the finger to nose test the defendant failed to touch the tip of his nose to the tip of his finger. He was arrested for DUI and blew a .086 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY in 5 minutes. | |
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