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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

Oct 5, 2011 Case: 10-CT-00190801XXLD Judge Griffin
Facts: The defendant was stopped for weaving a couple of times. The officer observed and odor of alcohol, bloodshot eyes, and she admitted to drinking Long Island Iced Teas. She performed poorly on the field sobriety tests. For example, on the walk and turn, she lost her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and then refused the breath test.
Result: Prior to filing a motion to suppress, the State Dropped the DUI.
Oct 2, 2011 Case: 10-CM-015864 Judge Conrad
Facts: The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia.
Result: The DUI was Dropped and the drug charges were Dismissed.
Oct 1, 2011 Case: 8071-XEE Judge Schwartz
Facts: The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
Result: On the day of trial, the DUI was dismissed based on the Statute of Limitations.
Oct 1, 2011 Case: 3210-XEJ Judge Newman
Facts: The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
Result: On the day of trial and prior to arguing the motion, the State Dropped the DUI.
Oct 1, 2011 Case: 7815-XEJ Judge Gayles
Facts: The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
Result: On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.
Oct 1, 2011 Case: CT-000301-XEH Judge Lefler
Facts: The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Result: Prior to trial, the State Dropped the DUI.
Sep 28, 2011 Case: CT-004244-XEP Judge Dominguez
Facts: The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
Result: The State Dropped the DUI.
Sep 19, 2011 Case: 4522-XDY Judge Seraphin
Facts: The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Result: Just before jury selection, the State Dropped the DUI.
Sep 19, 2011 Case: 2011-CT-019871AXXX Judge Evans
Facts: The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
Result: The DUI was Dismissed.
Sep 15, 2011 Case: CT-005157-XEP Judge Greco
Facts: The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
Result: The State Dropped the DUI.
Sep 14, 2011 Case: CT-002590-XEJ Judge Mcneil
Facts: The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
Result: The State Dropped the DUI.
Sep 12, 2011 Case: 09-025733MM10A Judge Murphy
Facts: The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI.
Result: The Court Granted the Motion to Dismiss.
Sep 11, 2011 Case: CT-005975-XBN Judge Mcneil
Facts: The defendant was stopped for weaving, driving to slow, and braking for no reason. The trooper observed an odor of alcohol, unsteadiness, and watery eyes. He performed poorly on the roadside tests according the trooper and was arrested for DUI. After his arrest, he blew a .145 and .142 in the breath machine.
Result: The State Dropped the DUI.
Sep 11, 2011 Case: CT-008938-SVI Judge Lefler
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol and glassy eyes. The defendant had difficulty exiting the vehicle and used the car for support. He admitted to drinking two beers and one glass of wine. He refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Sep 9, 2011 Case: 11-012849MM10A Judge NO JUDGE ASSIGNED
Facts: The defendant was stopped for speeding and drifting. The Trooper observed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant admitted to drinking beer. He refused the roadside tests and the breath test. This was the defendant's Second DUI.
Result: The DUI was Dismissed pursuant to the rules of speedy trial.
Sep 5, 2011 Case: 3834-XED Judge Krieger-Martin
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol, watery eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .099 and .097 in the breath machine.
Result: The DUI was Dismissed.
Sep 5, 2011 Case: 3192-XEJ Judge Krieger-Martin
Facts: The defendant was the at fault driver in a rear-end crash. The officers observed an odor of alcohol and bloodshot eyes. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. This was his Second DUI offense.
Result: On the morning of trial, the State Dropped the DUI.
Sep 5, 2011 Case: 3259-XED Judge Miranda
Facts: The defendant was involved in a crash whereby he hit a concrete wall. The officers observed an odor of alcohol, thick tongued speech, and watery eyes. He failed all the roadside tests and was arrested for DUI. After his arrest for DUI, he blew a .195 and .199 in the breath machine.
Result: The DUI was Dismissed.
Sep 3, 2011 Case: 08-0115364MM10A Judge Lerner-Wren
Facts: The defendant was stopped by several officers for driving 80mph in a 45mph zone. Upon making contact with the defendant the deputy observed an odor of alcohol, bloodshot eyes and slurred speech. Upon questioning the defendant did not know which county he was in. The DUI task force officer was called to the scene who observed the defendant to be unsteady on his feet. The defendant performed several field sobriety tests and was arrested for DUI. The defendant blew a .174 in the breath machine.
Result: The motion was granted and the State dropped the DUI.
Sep 3, 2011 Case: 09-014595MM10A Judge Lerner-Wren
Facts: The police received an anonymous tip of a drunk driver. The officer made a contact with the defendant and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having "4 vodka drinks". The defendant performed field sobriety tests both at the scene as well as at the jail. The field sobriety tests at the jail were on video. The defendant's performance on the field sobriety tests clearly indicated that the defendant was in fact impaired. The defendant was arrested for DUI.
Result: After the witness testified, the State DISMISSED the DUI.

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