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OUR RECENT CRIMINAL DEFENSE VICTORIES

Oct 27, 2010 Case: CT-001467-XDY Judge Courtney
Facts: The defendant was stopped for being passed out in the driver's seat at a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he leaned against his car for balance. He refused all roadside tests and was arrested for DUI. This was the defendant's second DUI arrest.
Result: The State Dropped the DUI.
Oct 27, 2010 Case: CT-008736-XEF Judge Courtney
Facts: The defendant was stopped for running a stop sign and weaving. The officer noticed an odor of alcohol, he admitted drinking wine, and watery eyes. The officer wrote in his report the defendant nearly fell, swayed as he stood, and stumbled. The defendant performed the roadside tests at the request of the officer on video tape. After doing them, he was arrested for DUI.
Result: The State dropped the DUI.
Oct 27, 2010 Case: CT-008894-XEF Judge Courtney
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. On the walk and turn test, she did not touch heel to toe and stepped off the line. On the one leg stand tests, she swayed. She was then arrested for DUI and refused the breath test.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 8077-XEE Judge Krieger-Martin
Facts: The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 4627-XDY Judge Seff
Facts: The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine.
Result: The State Dropped the DUI.
Oct 20, 2010 Case: 2010-MM-00167-A-P Judge Ptomey
Facts: The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused.
Result: The State Dropped the DUI.
Oct 19, 2010 Case: CT-002456-GKB Judge Lefler
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot/watery eyes. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she failed to maintain her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she swayed, put her foot down, and used her arms for balance. She was arrested for DUI.
Result: The DUI was Dismissed.
Oct 19, 2010 Case: 08-026650MM10A Judge Lerner-Wren
Facts: The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The Judge Granted the motion to suppress and threw out all the evidence. The DUI was then Dismissed.
Oct 14, 2010 Case: CT-003361-XDY Judge Thomas
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and red eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe, used his arms for balance, and was very off balance walking. On the one leg stand, he put his foot down numerous times and could not do the test. He was arrested for DUI and then refused the breath test.
Result: The State Dropped the DUI.
Oct 14, 2010 Case: 3885-FXE Judge Seraphin
Facts: The defendant was stopped for weaving and driving to slow. The defendant had slow reactions, slurred speech, and a flushed face. The defendant performed very poorly on the roadside tests and was arrested for DUI. The officers concluded was impaired by a chemical and/or controlled substance as no alcohol was detected. Urine was requested and the defendant tested positive for Ambien.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: CT-001819-XEJ Judge Mcneil
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking. Prior to offering the roadside tests, the defendant stated numerous times he had ankle injuries and could not do the walk and turn and one leg stand. The officer never offered non physical exercises like the alphabet or count backwards tests and just arrested the defendant for DUI.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: 2010-CM-010198 Judge Mcneil
Facts: The defendant was found by the police passed out in his car with the engine running in a parking lot. The officer observed an odor of alcohol, glassy eyes, and an inability to follow instructions. He also was cursing at the officer. He refused the roadside tests and was arrested for DUI. The defendant then refused the breath test.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: 08-021994MM10A Judge Brown
Facts: The defendant was stopped for weaving all over the road whereby other vehicles had to take evasive action to avoid being struck. Upon making contact with the defendant, the initial officer observed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The DUI task force was called to the scene. The task force officer stated that in addition to the first officer's observations, he observed a flushed face and eyelid tremors. He asked the defendant to perform several field sobriety tests. After the tests, the defendant was arrested for DUI. The defendant blew a .107 in the intoxilyzer.
Result: The Court agreed and excluded the breath test from evidence. The State subsequently dropped the DUI.
Oct 6, 2010 Case: 08-27790MM10A Judge Seidman
Facts: The defendant was stopped for weaving and hitting a curb. The officer observed and odor of alcohol, slurred speech, and glassy eyes. He used the door for support and had trouble balancing himself while outside the car. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he missed heel to toe, lost his balance, and used his arms for balance. He then blew a .146 and .138 in the breath machine.
Result: The State Dropped the DUI.
Oct 3, 2010 Case: 5108-XDY Judge Fernandez
Facts: The defendant was stopped after almost colliding with a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant had a bleeding nose with lacerations as he had been bitten by his dog. He had to be taken to the hospital. A breath test was impractical so two separate blood draws were done on the defendant. One was for drugs and the other was for alcohol. Two separate people drew the blood. Once the alcohol came back with a blood alcohol content of .297, he was later arrested and charged with DUI.
Result: The State Dismissed the DUI.
Oct 2, 2010 Case: CT-OO749-XAM Judge Courtney
Facts: The defendant was stopped for weaving. After being pulled over, the defendant stated she was distracted. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. She then performed the field sobriety tests which were video taped. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she refused the breath test.
Result: The State Dropped the DUI.
Oct 2, 2010 Case: 2009-CT-006803AXXX Judge Cox
Facts: The defendant was involved in a traffic crash whereby he lost control of his vehicle, hit a cement barrier wall, then struck a guardrail. The defendant was immediately taken to the hospital by fire rescue. The trooper met the defendant at the hospital where she noticed and odor of alcohol, flushed face, and watery eyes. The trooper then ordered blood be taken from the defendant since he was not able to give a breath test. The blood results revealed a blood alcohol content of .118. The defendant was later arrested for DUI.
Result: The State Dropped the DUI.
Sep 29, 2010 Case: 2010-CT-011322-O Judge Jewitt
Facts: The defendant was stopped due to the defendant being in a hit and run accident. The officer observed the defendant fumble with her paperwork, slurred speech, and she stated she took medications for being bi-polar. She also appeared to doze off at times. She performed very poorly on the roadside tests and was arrested for DUI. The officer concluded she was impaired by a chemical or controlled substance and requested a urine test.
Result: The State Dropped the DUI.
Sep 27, 2010 Case: 2010-CT-003638AXXX Judge Cox
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and flushed face. He was also unsteady getting out of the car. He refused roadsides on video. He was then arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Sep 20, 2010 Case: 8905-XCM Judge Schwartz
Facts: The defendant was stopped for speeding. The officer observed and odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. She performed terribly on the roadside tests and was arrested for DUI.
Result: The State Dropped the DUI.

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