DUI Wins

Jun 2, 2022	Case: 20-CT-503366	Judge Hayward
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He admitted to drinking alcohol and his appearance was sluggish. He then performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The video contradicted almost every observation written in the police reports. His speech was not slurred or mumbled, and he did not appear sluggish on tape. His field sobriety test performance was much better on tape than as described by the exaggerated reports.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-015413	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot/water eyes. He also appeared to have unstable balance. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .160 and .163 in the breath machine.
Defense:	Prior to trial, after several negotiations between the State and the firm, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-014050	Judge Jeske
Facts:	The defendant was stopped for weaving, speeding up, and then slowing down for no apparent reason. The Officer observed an odor of alcohol, watery eyes, and he admitted to having drank two beers. He also had a continuous sway while standing. After performing roadside tests, he was arrested for DUI. After being arrested, he blew a .158 and .146 in the breath machine.
Defense:	After several conversations with the prosecutor just prior to trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 1, 2022	Case: 21-CT-008878	Judge Jeske
Facts:	The defendant was stopped for driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .125 in the bath machine.
Defense:	Just prior to trial, the defense pointed out various inconsistencies in the police reports versus the video tape.
Result:	The State dropped the DUI.

May 31, 2022	Case: 21-CT-002957	Judge Wansboro
Facts:	The defendant was stopped after he drove off the road into shrubbery. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had an orbital body sway. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .146 and a .146 in the breath machine.
Defense:	After negotiations with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 25, 2022	Case: AEBMMME	Judge Hessinger
Facts:	The defendant was stopped after a BOLO went out about the defendant's erratic driving called in by a civilian. When the officer spotted the defendant, he also observed the defendant weaving. After the traffic stop, the officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared unsteady. He also had dilated pupils and appeared to be moon walking when he was walking around. He then performed various roadside tests such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.
Defense:	After several pretrial negotiations with the State about the evidence and the defendant himself, they Dropped the DUI.
Result:	The State dropped the DUI.

May 17, 2022	Case: 21-CT-010090	Judge Jeske
Facts:	The defendant was stopped for speeding, for driving 90 mph in a 45mph zone. The officer observed an odor of alcohol, slow/slurred speech, and glassy eyes. The defendant stated she had drank two long island iced teas. After refusing to perform roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	If a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. Here the officer did not follow the law and arrested her immediately upon her refusal. Thus, the defendant's refusal would have been excluded from evidence. In addition, on tape, her speech was not slurred. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

May 17, 2022	Case: 21-CT-013451	Judge Jeske
Facts:	The defendant was stopped for sitting through several light cycles. When officers approached him, they observed an odor of alcohol, slurred speech, and bloodshot eyes. He was also very unsteady on his feet. After performing poorly on roadside tests , he was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the State about the vagueness of the officer's reports, they Dropped the DUI.
Result:	The State dropped the DUI.

May 16, 2022	Case: 20-006408MU10A	Judge Lerner-Wren
Facts:	The defendant was observed passed out in his vehicle with the engine running at the entrance to his security gate. The officer woke the defendant up and observed a strong odor of alcohol, bloodshot watery eyes, as well as slurred speech. When asked if he knew where he was, the defendant gave the name of a completely different city. The defendant performed poorly on a series of field sobriety exercises and was arrested for DUI. He subsequently refused to submit to a breath test. This was the defendant's second DUI.
Defense:	Counsel took the deposition of the arresting officer. In an effort to answer specific questions about the incident, the officer's recollection was extremely poor. Parks & Braxton filed a motion to suppress the evidence as a result of no probable cause to make a lawful arrest. At the hearing, the officer's testimony was inconsistent with his reports. As a result, the Judge granted the motion to suppress.
Result:	The DUI was dismissed.

May 11, 2022	Case: 21-CM-010932	Judge Farr
Facts:	The defendant was detained by police when the police boarded his boat for a safety inspection as he pulled up to the dock. They noticed an odor of alcohol, unsteadiness, slurred speech, and bloodshot eyes. When asked to perform roadside tests, he became very combative and refused. He was then arrested for boating under the influence (BUI). He later refused the breath test.
Defense:	The firm announced ready for trial. Prior to trial, we had the State watch the video. There was no probable cause to arrest him for BUI and it was obvious they were just arresting him because he was being combative and argumentative while proclaiming his innocence.
Result:	The State Dropped the BUI and he received no conviction and no penalties.

May 10, 2022	Case: 22-CT-000571	Judge Woodard
Facts:	The defendant was stopped for weaving. He is alleged to have left his lane multiple times and also followed another car too closely. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed 2 alcoholic beverages. He then performed various roadsides such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.
Defense:	The defendant told the officer he had various medical issues prior the roadside tests, yet the officer still did the physical exercises with him. This was brought to the attention of the State and after a review of the facts, they Dropped the DUI.
Result:	The State dropped the DUI.

May 9, 2022	Case: 21-CT-012921	Judge Oster
Facts:	The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and she appeared unsteady. A bottle of Corona with a lime was found inside the car. After performing field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	After numerous conversations with the prosecutor about the defendant and evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 9, 2022	Case: 21-CT-013106	Judge Oster
Facts:	The defendant was found passed out in his vehicle in someone's driveway. The homeowner called the police about a suspicious vehicle in their driveway. Officers found the defendant passed out in his truck with the engine running. They noticed the defendant to have an odor alcohol, slurred speech, and blood shot eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .150 and .135 in the breath machine.
Defense:	When the defendant blew into the machine three other times prior the police obtaining the above results, there was a problem with the machine as it kept purging. Also, one of the control tests was out of range. The control test is supposed to be between .075 and .085, however, on one of his blows it was .074 (out of range). Due to problematic issues with the machine, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 3, 2022	Case: 21-002891MU10A	Judge Mollica
Facts:	The defendant was found passed out behind the wheel blocking an exit lane to a parking lot. Officers noticed an odor of alcohol, mumbled speech, and a fatigued look on his face. He also had glassy eyes and he appeared unsteady. The defendant was nonresponsive to the officer’s questions. The officer found a bottle of Patron tequila on the passenger seat. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. After several conversations about the evidence with the prosecutor, the State Dropped the DUI on the day of trial.
Result:	The State dropped the DUI.

Apr 26, 2022	Case: 21-CT-502840	Judge Gagliardi
Facts:	The defendant was stopped after a motorist told officers that the defendant was driving all over the road. The officer located the defendant's car and noticed heavy front-end damage to the passenger side. A traffic stop was conducted. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared disoriented. The defendant was unsteady, wobbling, and catching his feet. The defendant was apologetic and stated that he was really drunk. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misinformed the defendant of the law by telling him he would lose his driver's license if he didn't perform them. He also pointed to the bottom of his driver's license which states once consents to any sobriety test required by law. However, one's license can only be suspend if they don't comply with a breath, blood, or urine test as that is what is required by law, and not field sobriety tests. The Judge Granted the motion and threw out all of the roadsides from evidence. The firm later announced ready for trial and the State then Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Apr 22, 2022	Case: 21-CT-019674	Judge Bonavita
Facts:	The defendant crashed her car into the side of a building. When officers arrived, they noticed the defendant to have an odor of alcohol, droopy eyelids, and sluggish behavior. She had vomit on her clothes, was uncoordinated, and appeared clumsy. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .182 and .172 in the breath machine.
Defense:	After several conversations with the State about the case, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 22, 2022	Case: 22-CT-001134	Judge Silver
Facts:	The defendant was the at fault driver in a rear end crash. Officers observed the defendant to have an odor of alcohol, glossy/watery eyes, and unstable balance. The defendant admitted to having drank 3 shots of Jack Fire. Her movements were also slow and uncoordinated. She performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	The officer’s written reports exaggerated the defendant's level of impairment as to all physical observations and the roadside tests as well.
Result:	The State dropped the DUI.

Apr 22, 2022	Case: 22-CT-000975	Judge Silver
Facts:	The defendant was stopped for failing to maintain a single lane and almost causing a collision with a police officer. Once stopped, the officer observed an odor of alcohol, droopy eyes, and a glassy stare. His speech was slurred and slow. He also staggered, swayed, and had bloodshot eyes. He then performed various roadside tasks and was arrested for DUI. He later blew a .151 and .150 in the breath machine.
Defense:	After several pretrial negotiations about the defendant himself and the evidence, the State Dropped the DUI and he received no criminal conviction.
Result:	The State dropped the DUI.

Apr 21, 2022	Case: 21-CT-020114	Judge Moses-Stephens
Facts:	The defendant was stopped after he ran a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had vomit on his pants and shirt. The defendant also had difficulty walking and maintaining balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .109 and .105 in the breath machine.
Defense:	After several negotiations with the State regarding the defendant himself and the evidence, they Dropped the DUI and he received no conviction.
Result:	The State dropped the DUI.

Apr 21, 2022	Case: 21-CT-019001	Judge Moses-Stephens
Facts:	The defendant was stopped for driving with no lights after dusk. Officers noticed an odor of alcohol, a flushed/red face, and slurred speech. The defendant admitted to having drank one drink. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
Defense:	On video, we pointed out to the State that the defendant's roadsides were much better than written in the reports and there was no probable cause to arrest him based on his performance. In addition, he had no slurred speech on tape. The State Dropped the DUI and he received no conviction.
Result:	The State dropped the DUI.