DUI Wins

Jul 5, 2007	Case: 5499-XDL	Judge Lindsey
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and blood-shot eyes. A DUI officer was called out to conduct field sobriety exercises. The defendant performed the walk and turn test. In the officer's roadside report on the walk and turn, she did not touch heel to toe, raised her arms for balance, and did not turn correctly. On the one leg stand, she raised her arms for balance. The defendant was arrested for DUI and refused the breath test.
Result:	Due to the lack of credibility of the officer, the DUI was dismissed.

Jul 5, 2007	Case: 489707-X (JURY TRIAL)	Judge Bloom
Facts:	The defendant was initially seen by the arresting officer staggering down the street as she walked to her car with her boyfriend at the time. The officer then testified she started the car, leaned outside the vehicle, and began throwing up. The officer approached the defendant as she was finishing vomiting. He noticed an odor of alcohol, slurred speech, and blood-shot eyes. She performed poorly on roadside tests as she could not do anything correctly. After her arrest for DUI, she blew a .151 in the breath machine.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY.

Jul 2, 2007	Case: 06-016191MM10A (JURY TRIAL)	Judge Lazarus
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and balance problems exiting the car. The defendant performed poorly on roadside tests and he refused the breath test.
Result:	The Jury found the defendant NOT GUILTY in seven minutes.

Jun 27, 2007	Case: 07-3951XDTWS-15	Judge Vandercar
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to his stance. The defendant admitted to drinking two beers. The defendant refused the roadside tests and the breath test.
Result:	THE STATE DROPPED THE DUI.

Jun 25, 2007	Case: 5373-XDL	Judge Arzola
Facts:	The defendant was stopped at a roadblock checkpoint. The officers at the roadblock, noticed an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line numerous times and on the one leg stand, he put his foot down and raised his arms for balance. The defendant blew a .126 in the breath machine.
Result:	The State dropped the DUI.

Jun 25, 2007	Case: 3726-FAB	Judge Arzola
Facts:	The defendant was involved in a traffic crash in which he hit three other vehicles. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank three beers. He failed the field sobriety tests and then refused the breath test. This was the defendant's third DUI.
Result:	THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS.

Jun 25, 2007	Case: 05-013006MM10A (JURY TRIAL)	Judge Diaz
Facts:	The defendant was observed passed out behind the wheel with the engine running. The officer observed a strong odor of alcohol and bloodshot eyes. The defendant also had a bottle of beer in his arms. The defendant failed both the one leg stand as well as the walk and turn test and was arrested for DUI. He blew a .183 in the breath machine. This was his 2nd DUI.
Result:	The State dropped the DUI after the jury was selected.

Jun 20, 2007	Case: 07-TC-001988 (JURY TRIAL)	Judge Draper
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant also swayed while standing outside his vehicle. He performed poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times. On the walk and turn test, the defendant used his arms for balance, stepped off the line, and stopped to balance himself. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape.
Result:	THE DEFENDANT WAS FOUND NOT GUILTY.

Jun 18, 2007	Case: 07-40050CTTA	Judge Bilbrey
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused all roadside testing and the breath test.
Result:	On the morning of Jury Trial, the State dropped the DUI.

Jun 18, 2007	Case: CT-009086-XDK	Judge Barber
Facts:	The defendant was stopped for crossing the lane markers at least six times and almost striking a median. The officer noticed an odor of alcohol and glassy eyes. He was unsteady and swayed while outside his car. According to the officer, he failed the field sobriety tests and then refused the breath test. This was the defendant's second DUI.
Result:	The State dropped the DUI.

Jun 18, 2007	Case: 489885-X	Judge Miranda
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant allegedly failed the roadside tests and refused the breath test.
Result:	The DUI was dismissed.

Jun 18, 2007	Case: 6262-XAE	Judge Mills-Francis
Facts:	The defendant was stopped for driving at a high rate of speed, having no headlights on, and skidding. The officer learned that the defendant was involved in a hit and run accident earlier. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face while conducting the DUI and the accident investigation. The defendant failed the sobriety tests and then blew a .189 in the breath machine.
Result:	THE DUI WAS DISMISSED DUE TO THE STATUTE OF LIMITATIONS.

Jun 18, 2007	Case: 468414-W	Judge Newman
Facts:	The defendant was involved in a traffic crash in which she rear-ended another car. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. A cooler was found in the car containing vomit. The defendant could not perform any roadside tests due her inability to stand. She blew a .271 in the breath machine.
Result:	The State dropped the DUI.

Jun 18, 2007	Case: 489940-X	Judge Bloom
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot-eyes. The defendant performed field sobriety tests at the scene. He could not do the one leg stand since it was terminated for safety reasons. On the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and lost his balance during the instructions. He then refused the breath test after the arrest for DUI.
Result:	The State dropped the DUI.

Jun 13, 2007	Case: 06-4492MM10A	Judge Lazarus
Facts:	The defendant was stopped for swerving all over the road for a period of 5 blocks. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway to his stance. On the walk and turn test he failed to walk heel to toe and he took the incorrect number of steps. On the finger to nose test he failed to touch the tip of his nose on all six attempts. On the one leg stand he placed his foot down several times throughout the test. He was arrested for DUI. This was his 2nd DUI.
Result:	The State dropped the DUI.

Jun 13, 2007	Case: 06-9654MM10A	Judge Lazarus
Facts:	The defendant was stopped by a member of the DUI task force for driving the wrong way out of a parking lot. The deputy observed a strong odor of alcohol and bloodshot eyes. On the walk and turn test she took the incorrect number of steps and stepped off the line. On the one leg stand she used her arms for balance throughout the test. She was arrested for DUI and refused to perform any further testing.
Result:	The State dropped the DUI.

Jun 12, 2007	Case: 06-020679MM10A	Judge Robinson
Facts:	The defendant was stopped by the Florida Highway Patrol for driving 95 mph in a 65 mph zone. The trooper observed an odor of alcohol, watery eyes and slurred speech. In addition, she was wearing a wrist band indicating she had been to a club that evening. She then told the officer that she refused to perform any tests because she could not pass them. She was subsequently arrested for DUI.
Result:	The motion was granted and all of the evidence was thrown out.

Jun 9, 2007	Case: 07-CT-0567-ERB	Judge Courtney
Facts:	The defendant was involved in a rear end collision. When the first officer arrived, he observed the defendant to have slurred speech, slow responses, and a sway to his stance. The officer did not smell any alcohol, but believed the defendant was impaired by a chemical or controlled substance. A DUI officer was called to the scene and made similar observations. The defendant performed roadside tasks poorly and was arrested for DUI. At the station, a Drug Recognition Exam was conduced by a trained DRE officer who concluded the defendant was impaired by central nervous system depressants. The defendant gave a urine sample which he tested positive for pain killers and muscle relaxers which are central nervous depressants.
Result:	The State dropped the DUI.

Jun 9, 2007	Case: 06-MM-022587AMB (JURY TRIAL)	Judge Marx
Facts:	The defendant was stopped by a Fish and Wildlife Commission Officer for a safety inspection after exiting his jet ski. However, prior to contact with him, the defendant had backed his truck up to get the jet ski hitched to the truck. The officer made contact with the defendant and noticed an odor of alcohol, slurred speech, and a sway to his stance. He also noticed bloodshot eyes, a flushed face, and a staggered walk. The officer asked the defendant to perform roadside tasks two times which the defendant refused. A cooler was found by the officer on the defendant's jet ski with empty tequila mixers. The defendant told the officer he drank 32 ounces of alcohol that day. He was placed under arrest for Boating Under the Influence and later refused the breath test on video tape. It should be noted, the State also charged the defendant with DUI months after his arrest for BUI. THIS WAS THE DEFENDANT'S THIRD DUI and/or BUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY OF BOTH THE BUI AND DUI IN LESS THAN TEN MINUTES.

Jun 2, 2007	Case: 05-02434MM10A (JURY TRIAL)	Judge Robinson
Facts:	The defendant drove his vehicle over a sidewalk, through a chain link fence, and into some bushes. The first officer on scene observed an odor of alcohol, slurred speech, and a flushed face. The defendant had trouble standing up straight and was very unsteady. He performed poorly on the field sobriety tests and refused the breath test.
Result:	The JURY found the defendant NOT GUILTY in eleven minutes.