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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

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 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: 08-7749MM10A 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 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 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: 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 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 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.
Oct 14, 2009 Case: CT-002125-XDY Judge Mcneil
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having three beers. According to the officer, he performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.
Result: The State dropped the DUI.
Oct 14, 2009 Case: CT-002135-XDY Judge Mcneil
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant stated he had two beers. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his foot down and used his arms for balance. On the walk and turn, he did not touch heel to toe and lost his balance on the turn. According to the officer, he also did not perform up to standards on the alphabet and finger to nose tests. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI.
Oct 13, 2009 Case: CT-000614-XCM Judge Conrad
Facts: The defendant was stopped because of an alleged disturbance in a bar/restaurant. The police stopped the defendant and observed an odor of alcohol, slurred speech, and water/glassy eyes. The defendant told police he drank three whiskey type drinks. According to police, he performed poorly on the roadside tests which were taped. He was then arrested for DUI.
Result: The State Dropped the DUI.
Oct 3, 2009 Case: 08-CT-008752-XAM Judge Conrad
Facts: The defendant hit a mailbox then left the scene of the accident. Officers located her car and conducted a traffic stop based on a call from a person who witnessed the crash. The officers noticed an odor of alcohol, slurred speech, and she swayed as she stood. According to the officers, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .115 in the breath machine. This was the defendant's second DUI and she was also charged with leaving the scene of an accident (LSA).
Result: The State dropped the DUI and dismissed the LSA.
Oct 3, 2009 Case: 2008-CT-017338AXXXMA Judge Drake
Facts: The defendant was involved in a traffic crash in which he hit two cars then slammed into a metal guard rail. When the police arrived, they observed an odor of alcohol, bloodshot eyes, and slight swaying. The defendant appeared confused and admitted to having two beers. The defendant performed field sobriety tests at the request of the officer. According to the officer's reports, he failed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. There was no video tape at the scene. After his arrest for DUI, he refused the breath test.
Result: The State dropped the DUI.

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