DUI Wins

Nov 9, 2007	Case: 07-CT-003435-XAM	Judge Conrad
Facts:	The defendant was stopped for weaving and following vehicles too closely. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant performed the roadside tasks which were captured on video. On the walk and turn test, he took an incorrect number of steps and appeared wobbly. On the one leg stand, he hopped numerous times. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Nov 7, 2007	Case: 05-16960MM10A (JURY TRIAL)	Judge Diaz
Facts:	The defendant was sleeping in the middle of the road. A car slammed into the defendant from behind. Two independent witnesses identified the defendant as the driver of the car. The Trooper observed an odor of alcohol and a flushed face. The defendant was unconscious and the Trooper took his blood. The defendant had a blood alcohol level of .218 (almost 3 times the legal limit). He was charged with DUI causing property damage.
Result:	The case was DISMISSED in the middle of jury trial.

Nov 5, 2007	Case: 06CT029008ASB	Judge Eissey
Facts:	The defendant was stopped for swerving on the road almost hitting the investigating officer. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having a few drinks. The defendant refused all testing and was arrested for DUI.
Result:	The DUI was dismissed.

Nov 4, 2007	Case: TT-06-007204 (JURY TRIAL)	Judge Harlan
Facts:	The defendant was stopped for speeding, swerving, and making wide turns. The initial officer observed an odor of alcohol, extremely slurred speech, and blood-shot eyes. A DUI officer was called to conduct an investigation. He made similar observations in addition to seeing the defendant being unsteady exiting the car. The defendant performed poorly on the roadside tasks, admitted to having 4-5 beers, and feeling under the influence of alcohol. He refused the breath test after the DUI arrest.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Oct 23, 2007	Case: 05-023919MM10A	Judge Diaz
Facts:	The defendant was parked on the sidewalk, with the keys in the ignition and the engine running. The officer stated that when he approached the car the defendant was eating. The officer observed an odor of alcohol and bloodshot eyes. Additionally, he was unsteady as he exited the car. He then told the officer that he was coming home from "hooters" and consumed a pitcher of beer. The defendant advised that he had a back injury and would try his best on the sobriety tests. He performed the eye test (HGN), and was arrested for DUI. This was his 3rd DUI. It would have been his 4th DUI, but the firm had his previous DUI dismissed.
Result:	The State dropped the DUI on the morning of trial.

Oct 23, 2007	Case: 07-CT-002699AXX	Judge Corlew
Facts:	The defendant was stopped for driving at a high rate of speed and squealing his tires. The officer detected an odor of alcohol, slurred speech and bloodshot eyes. The defendant agreed to perform the field sobriety tests. On the walk and turn test he was unable to walk a straight line and failed to walk heel to toe. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .149 in the breath machine.
Result:	The motion was granted. The DUI was Dismissed.

Oct 22, 2007	Case: 2744-XDP	Judge Arzola
Facts:	The defendant was stopped for various traffic infractions. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the walk and turn and one leg stand tests. He was arrested for DUI. This was his 2nd DUI.
Result:	The State dropped the DUI on the morning of trial.

Oct 22, 2007	Case: 07-2659MM10A	Judge Robinson
Facts:	The defendant was stopped for driving through a construction barricade with workers present. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the field sobriety tests and was arrested for DUI. While waiting for the tow truck the defendant vomited on himself.
Result:	The State dropped the DUI.

Oct 22, 2007	Case: 8825-XCM	Judge Bloom
Facts:	The defendant was the "at fault" driver in a car crash. The officer observed poor balance, bloodshot eyes, and a strong odor of alcohol. The defendant allegedly failed the sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Oct 22, 2007	Case: 6645-XDL	Judge Krieger-Martin
Facts:	The defendant was observed asleep in a vehicle with the keys in the ignition and the engine running. He was unsteady as he exited the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also allegedly stated "I screwed up. I know I'm tipsy." He performed the field sobriety tests and was arrested for DUI.
Result:	The State dropped the DUI.

Oct 18, 2007	Case: 2006CT2441A1	Judge Aikens
Facts:	The defendant was stopped for failure to yield, almost causing an accident. The officer observed a strong odor of alcohol on her breath, bloodshot eyes, slurred speech and she fumbled for her license. In addition, she almost fell as she exited the car. On the walk and turn test, she was unable to stand heel to toe. She also failed to walk in a straight line. On the one leg stand she could not keep her foot off the ground. She was arrested for DUI and blew a .247 in the breath machine.
Result:	Both motions were granted and the DUI was dropped.

Oct 18, 2007	Case: 06-020771MM10A	Judge Robinson
Facts:	The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, swaying, bloodshot eyes as well as slurred speech. On the one leg stand, she failed to keep her foot off the ground several times. She was arrested for DUI and blew a .158 in the breath machine.
Result:	The State dropped the DUI.

Oct 18, 2007	Case: 06-002650MM10A	Judge Lazarus
Facts:	The defendant was stopped for driving 104 mph in a 65 mph zone. The deputy observed a 12 pack of bud light in the car. He then observed an odor of alcohol, bloodshot eyes and a flushed face. Because of his age he provided a portable breath test at the scene which resulted in a .228 breath alcohol level. He was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Oct 15, 2007	Case: 8623-XCM	Judge Ortiz
Facts:	The defendant was stopped for reckless driving and fleeing and eluding a police officer. The officer observed a strong odor of alcohol, flushed face, bloodshot eyes and slurred speech. On the finger to nose test, he failed to touch the tip of his nose 5 times. On the walk and turn test he failed to maintain a straight line. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .191 in the breath machine.
Result:	The State dropped the DUI.

Oct 15, 2007	Case: 07-CT-1291-XDR	Judge Rice
Facts:	The defendant was stopped for failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. She refused field sobriety tests and was arrested for DUI. She then vomited in the police car.
Result:	The State dropped the DUI.

Oct 15, 2007	Case: 6364-XDL	Judge Krieger-Martin
Facts:	The defendant was stopped for driving the wrong way towards oncoming traffic. The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line 5 times. On the one leg stand he dropped his foot 3 times. He was arrested for DUI and blew a .111 in the breath machine.
Result:	The State dropped the DUI.

Oct 12, 2007	Case: 377596-W	Judge Mills-Francis
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer observed glassy red eyes, an odor of alcohol and slurred speech. He also admitted to consuming 3-4 drinks. The defendant performed poorly on the one leg stand, walk and turn as well as the finger to nose test. He was subsequently arrested for DUI. This was his second arrest for DUI. However, the firm had both cases dismissed.
Result:	The DUI was Dismissed.

Oct 10, 2007	Case: 06-012891MM10A (JURY TRIAL)	Judge Ireland
Facts:	The defendant was stopped for speeding and running a red light. The officer observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled for his driver's license when asked to produce it by the officer. The defendant performed the one leg stand, walk and turn, and HGN tests (eye test) on video. After his arrest for DUI, he blew a .13 in the breath machine.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Oct 9, 2007	Case: 8656-XCM	Judge Ortiz
Facts:	The defendant was allegedly involved in a crash. The officer observed an odor of alcohol, unsteady balance and raspy speech. The defendant admitted to having a few drinks. After the one leg stand, walk and turn, and finger to nose test, the defendant was arrested for DUI.
Result:	The State dropped the DUI.

Oct 9, 2007	Case: 3095-XDH	Judge Newman
Facts:	The defendant was stopped for weaving 9 separate times on the roadway while speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly performed poorly on all roadsides and was arrested for DUI. The defendant blew a .139 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.