DUI Wins

Mar 18, 2005	Case: 04-026272TCA04 (JURY TRIAL)	Judge Moyle
Facts:	The defendant was first seen exiting the porterhouse bar and grill. He entered his vehicle which was illegally parked in a handicap spot. The officer asked the defendant to exit the vehicle and issued him a citation for parking in a handicap spot. The defendant began to scream and at one point threw his shoe at the police. The officer smelled a strong odor of alcohol and noticed red glassy eyes. The defendant continued to scream at the police for the next 50 minutes stumbling throughout the parking lot. The officer told him to take a cab. The defendant responded "I'm not stupid, I know I'm too drunk to drive." Soon after, the defendant jumped in his vehicle and attempted to back out. The officers immediately pulled the defendant out of the vehicle and placed him under arrest for DUI. This was the defendant's second DUI.
Result:	The Jury found the defendant NOT GUILTY in ten minutes.

Mar 18, 2005	Case: 04-026272TCA04 (JURY TRIAL)	Judge Moyle
Facts:	The defendant was first seen exiting the porterhouse bar and grill. He entered his vehicle which was illegally parked in a handicap spot. The officer asked the defendant to exit the vehicle and issued him a citation for parking in a handicap spot. The defendant began to scream and at one point threw his shoe at the police. The officer smelled a strong odor of alcohol and noticed red glassy eyes. The defendant continued to scream at the police for the next 50 minutes stumbling throughout the parking lot. The officer told him to take a cab. The defendant responded "I'm not stupid, I know I'm too drunk to drive." Soon after, the defendant jumped in his vehicle and attempted to back out. The officers immediately pulled the defendant out of the vehicle and placed him under arrest for DUI. This was the defendant's second DUI.
Result:	The Jury found the defendant NOT GUILTY in ten minutes.

Mar 17, 2005	Case: 04-23096MM10A	Judge Feiner
Facts:	The defendant was stopped while driving through a sobriety checkpoint. The deputy noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was unable to walk heel to toe on the first test. On the second test the defendant could not touch his finger to his nose. He was arrested for DUI and provided a urine test for the detection of drugs.
Result:	The DUI was dismissed.

Mar 17, 2005	Case: 04-23096MM10A	Judge Feiner
Facts:	The defendant was stopped while driving through a sobriety checkpoint. The deputy noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was unable to walk heel to toe on the first test. On the second test the defendant could not touch his finger to his nose. He was arrested for DUI and provided a urine test for the detection of drugs.
Result:	The DUI was dismissed.

Mar 15, 2005	Case: 04-026989TCA04	Judge Damico
Facts:	The defendant was stopped for cutting off traffic and repeatedly honking her horn. Once stopped, the officers observed an odor of alcohol, slurred speech and balance problems. She failed roadside tests and refused the breath test. She had been previously been told by another officer at the bar not to drive and take a cab home.
Result:	The State dropped the DUI.

Mar 15, 2005	Case: 04-026989TCA04	Judge Damico
Facts:	The defendant was stopped for cutting off traffic and repeatedly honking her horn. Once stopped, the officers observed an odor of alcohol, slurred speech and balance problems. She failed roadside tests and refused the breath test. She had been previously been told by another officer at the bar not to drive and take a cab home.
Result:	The State dropped the DUI.

Mar 14, 2005	Case: 04-3732MM10A	Judge Lerner-Wren
Facts:	The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine.
Result:	The motion was granted and all evidence was thrown out.

Mar 14, 2005	Case: CT-721754-X	Judge Dominguez
Facts:	The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Mar 14, 2005	Case: 04-3732MM10A	Judge Lerner-Wren
Facts:	The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine.
Result:	The motion was granted and all evidence was thrown out.

Mar 14, 2005	Case: CT-721754-X	Judge Dominguez
Facts:	The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Mar 10, 2005	Case: 05-3176MM10A	Judge Murphy
Facts:	The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine.
Result:	At the conclusion of the motion to suppress, the State dropped the DUI.

Mar 10, 2005	Case: 501146-W	Judge Newman
Facts:	The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant.

Mar 10, 2005	Case: 508960-X	Judge Newman
Facts:	Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI.

Mar 10, 2005	Case: 501146-W	Judge Newman
Facts:	The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant.

Mar 10, 2005	Case: 508960-X	Judge Newman
Facts:	Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI.

Mar 10, 2005	Case: 05-3176MM10A	Judge Murphy
Facts:	The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine.
Result:	At the conclusion of the motion to suppress, the State dropped the DUI.

Mar 5, 2005	Case: 04-021014MM10A	Judge Feiner
Facts:	The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test.
Result:	The State dismissed all charges on the morning of trial.

Mar 5, 2005	Case: 04-021014MM10A	Judge Feiner
Facts:	The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test.
Result:	The State dismissed all charges on the morning of trial.

Mar 2, 2005	Case: 2004-CT-02441-A-K	Judge Fowler
Facts:	The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test.
Result:	The State dropped the DUI.

Mar 2, 2005	Case: 2004-CT-02441-A-K	Judge Fowler
Facts:	The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test.
Result:	The State dropped the DUI.