DUI Wins

Aug 29, 2007	Case: 07-005710MM10A	Judge Cowart
Facts:	The defendant was stopped for speeding. The officers observed a strong odor of alcohol and bloodshot eyes. The defendant performed the eye test (HGN), one leg stand, walk and turn, finger to nose and rhomberg balance test. On video he failed each of the sobriety tests and was arrested for DUI. He blew a .147 in the breath machine.
Result:	Motion granted. All field sobriety tests are excluded.

Aug 27, 2007	Case: 07-CT-3082-XCM	Judge Rice
Facts:	The defendant was stopped for touching the lane markers two times which was captured on video over a lengthy time period. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She performed very poorly on roadside tests which were also captured on tape. The defendant blew a .142 in the breath machine after her arrest for DUI.
Result:	THE JUDGE GRANTED THE MOTION AND THE DUI WAS DISMISSED.

Aug 27, 2007	Case: 07-CT-004065-XAM	Judge Lefler
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. Also, there were empty beer cans in the defendant's car. The defendant refused all roadside tests and the breath test.
Result:	The State dropped the DUI.

Aug 27, 2007	Case: 6367-XDL	Judge Newman
Facts:	The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred sepeech, and the defendant layed back in his car and fell asleep while talking to the officer. The defendant performed poorly on roadside tests and then refused the breath test.
Result:	THE DUI WAS DISMISSED due to the discovery violations by the State.

Aug 27, 2007	Case: 286568-X	Judge Miranda
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line five times, did not touch heel to toe, and paused to regain his balance. On the one leg stand exercise, he put his foot down five times and swayed. After his arrest for DUI, he refused the breath test.
Result:	The DUI was DISMISSED on Statute of Limitations Grounds.

Aug 20, 2007	Case: 07-CT-008578ASB	Judge Eissey
Facts:	The defendant was found in his car with a broken bumper and a torn off tire. The officer observed an odor of alcohol, slurred speech, and he appeared to be confused. The defendant stated he hit a curb while making a U-turn. He then performed poorly on roadside tests at the scene which were NOT video taped. He refused the breath test after his arrest for DUI.
Result:	Based on the specific facts presented at the hearing, the JUDGE GRANTED THE MOTION TO DISMISS THE DUI.

Aug 14, 2007	Case: CT-008726-XDK	Judge Conrad
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and swaying. The defendant performed the roadside tests on video. On the walk an turn test, he lost his balance during the instructions, did not touch heel to toe, and turned improperly. On the one leg stand test, the defendant swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .138 in the breath machine.
Result:	The State dropped the DUI.

Aug 13, 2007	Case: 06-CT-5861-XDN	Judge Courtney
Facts:	The defendant was stopped for making a wide left turn, weaving, and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant didn't touch heel to toe, stepped off the line, and made an improper turn. After his arrest for DUI, he refused the breath test. The entire incident was captured on video on tape.
Result:	On the morning of trial, the State DROPPED THE DUI.

Aug 13, 2007	Case: 06-018256MM10A	Judge Murphy
Facts:	The defendant was stopped for running a red light. The deputy stated that the defendant failed to pull over for several blocks. The deputy observed a strong odor of alcohol, bloodshot eyes and a flushed face. A DUI task force officer arrived to conduct the investigation. On the eye test (HGN), the defendant exhibited signs of impairment indicating that he was above the legal limit. After performing the one leg stand as well as the walk and turn test he was arrested for DUI. He blew a .107 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Aug 10, 2007	Case: 07-CT-002612-XCM	Judge Lefler
Facts:	The defendant was stopped for speeding and slightly drifting over to the center lane marker. The officer observed an odor of alcohol and bloodshot/watery eyes. The defendant performed the walk and turn, one leg stand, and finger to nose tests on video tape at the scene. The officer concluded she was impaired and arrested her for DUI. She then refused the breath test.
Result:	On the morning of Jury Trial, the STATE DROPPED THE DUI.

Aug 10, 2007	Case: 03-029662MM10A	Judge Ireland
Facts:	The defendant was stopped for weaving and driving off the road onto the grass. The officer observed dried vomit on the outside of the vehicle. In addition, the officer noticed an odor of alcohol, bloodshot eyes, as well as a beer on the center console. The defendant performed the field sobriety tests and was arrested for DUI. He later blew a .113 in the breath machine.
Result:	The motion was granted and the DUI was dropped.

Aug 5, 2007	Case: 2006CT2441A1	Judge Aikens
Facts:	The defendant was stopped for almost crashing into the side of a vehicle and drifting all over the road. The officer observed a strong odor of alcohol, bloodshot eyes, and extremely slurred speech. In addition, the defendant was fumbling through her purse while looking for her license. During the field sobriety tests she actually fell down. She was subsequently arrested for DUI, and blew a .247 in the breath machine.
Result:	The Court granted the motion to suppress the field sobriety tests and has yet to rule on the breath motion.

Aug 1, 2007	Case: 038142-J	Judge Krieger-Martin
Facts:	The defendant was stopped for failing to maintain a single lane. The officer who made the stop, observed an odor of alcohol, slurred speech, and saw the defendant grab the door for support upon exiting the car. A DUI officer was called who gave the defendant field sobriety exercises. The defendant performed poorly and was arrested for DUI. Subsequent to the DUI arrest, the defendant blew a .110 in the breath machine.
Result:	The State dropped the DUI.

Jul 30, 2007	Case: 1554-XDK	Judge Ortiz
Facts:	The defendant was stopped for failing to maintain a single lane. The officer alleged in his report that the defendant was swerving several times. Once stopped, the initial officer observed an odor of alcohol and red eyes. He then called for a DUI investigator who made the similar observations plus slurred speech, a flushed face, and unsteadiness. The defendant stated he drank a few beers. He performed poorly on field sobriety tests and after his arrest for DUI blew a .120 in the breath machine.
Result:	ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI.

Jul 30, 2007	Case: 06-015523MM10A (JURY TRIAL)	Judge Berman
Facts:	The defendant was stopped for driving without headlights, going 90-100 miles per hour, and cutting off two cars. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. Upon exiting the car, the defendant used the car for support. The defendant allegedly stated he "was drunk" to the cop. The defendant refused to do the roadside tests and subsequently refused the breath test after his arrest for DUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Jul 27, 2007	Case: 06-002184MM10A	Judge Diaz
Facts:	The defendant was stopped for driving too fast for in a rain storm. When the officer attempted to stop the defendant, he continued driving for several blocks. The officer observed a strong odor of alcohol, bloodshot eyes, and a flushed face. He also testified in court that the defendant admitted to drinking. He then called for a DUI task force deputy. The deputy made the same observations and attempted to perform field sobriety tests. The deputy stated that the defendant could not follow a pen with his eyes. He was subsequently arrested for DUI and refusal to submit to a breath test. This was his third arrest for DUI, however, the firm represented him on his last DUI and had the charges dismissed.
Result:	The motion was granted and all of the evidence was thrown out.

Jul 23, 2007	Case: 05-1396MM10A	Judge Gehl
Facts:	The defendant was stopped for speeding. The officer stated that the defendant fell out of the car and onto the ground. The officer observed a strong odor of alcohol and bloodshot eyes. He offered the defendant field sobriety tests but he couldn't even stand up. He was arrested for DUI and taken to the police station for a breath test. At the police station he fell again and was taken to the hospital.
Result:	The State dropped the DUI on the morning of trial.

Jul 18, 2007	Case: 2007-MM-234-AP	Judge Ptomey
Facts:	The defendant was stopped for driving in the wrong lane of travel causing vehicles to run off the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech, red eyes, and slow comprehension. He admitted to drinking an unknown a amount of Vodka. Furthermore, the defendant refused the field sobriety tests and the breath test. Everything at the scene was captured on video.
Result:	The defendant was cited for DUI and another charge of reckless driving. The reckless charge was dismissed and the STATE DROPPED THE DUI.

Jul 11, 2007	Case: 04-017877MM10A	Judge Gehl
Facts:	The defendant was found to be the driver who was at fault in a traffic crash. The officer observed a strong odor of alcohol, blood shot eyes, and slurred speech. He performed poorly on roadside tasks. After his arrest for DUI, he blew a .16 in the breath machine. This was the defendant's second offense.
Result:	THE MOTION WAS GRANTED AND THE DUI WAS DISMISSED.

Jul 8, 2007	Case: 06-018472MM10A	Judge Ross
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant failed both the one leg stand and walk and turn test and was arrested for DUI. At the police station she provided a urine sample which tested positive for amphetamines.
Result:	The State dropped the DUI.