DUI Wins

Apr 9, 2007	Case: 3045-XDH	Judge Ortiz
Facts:	The defendant was stopped by police after being flagged down by a security guard who claimed the defendant drove through a security gate. The officer observed the defendant use the car for balance, an odor of alcohol, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. For example, on the walk an turn test, the defendant raised his arms for balance, took and incorrect number of steps and did not touch heel to toe. On the one leg stand test, the defendant put his foot down and swayed. The defendant was arrested for Leaving the Scene of an Accident and DUI. He refused the breath test after his arrest.
Result:	On the morning of jury trial, THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS. In addition, the defense also got the Leaving the Scene of an Accident charge dismissed a month prior to the DUI charge being dismissed.

Apr 9, 2007	Case: 1523-XDK	Judge Lindsey
Facts:	The defendant was stopped for driving too slow and allegedly backing up traffic. An officer stopped the defendant and observed an odor of alcohol, slurred speech, and watery eyes. A DUI officer was called to the scene and made similar observations, along with the fact that the defendant stated he had six beers. The defendant performed roadside tasks at the DUI officer's request. The walk and turn and one leg stand tests were not conducted due to the defendant's weight. The only tests that were done were the HGN (eye tests) and balance exercise. On the balance test, the defendant swayed and estimated 1:28 minutes for 30 seconds. He was arrested for DUI and refused the breath test.
Result:	On the morning of trial, the STATE DROPPED THE DUI.

Apr 6, 2007	Case: 1478-XDK	Judge Miranda
Facts:	The defendant was involved in a crash whereby he hit a tree. When the officer's found the defendant, he was running into his house. The officer that first found the defendant smelled an odor of alcohol. A DUI officer was called and he smelled alcohol, noticed slurred speech, and watery eyes. The defendant performed poorly on field sobriety tests. For example , on the walk and turn test, the defendant took the incorrect number of steps and stepped off the line numerous times. The defendant refused the breath test. He was charged with DUI and Leaving the Scene an Accident.
Result:	THE STATE DROPPED THE DUI AND THE LEAVING THE SCENE OF THE ACCIDENT CHARGE WAS DISMISSED.

Apr 6, 2007	Case: 0960-XDK	Judge Arzola
Facts:	The police came into contact with the defendant when he was passed out on the side of the road. A person had called in that there was an individual who was unresponsive which prompted the police to arrive. The keys were in the ignition and the engine was running. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had to lean against the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's third DUI.
Result:	The DUI was dismissed.

Apr 4, 2007	Case: 05-002647MM10A	Judge Diaz
Facts:	The defendant was stopped for running a red light as well as making an illegal u-turn. The deputy observed a strong odor of alcohol, bloodshot glassy eyes, and a flushed face. The defendant stated that he was coming from a bar down the street. Prior to conducting the field sobriety tests, the deputy observed a considerable sway from side to side. On the walk and turn test the defendant failed to touch heel to toe, used his arms for balance and stepped off of the line. On the one leg stand, the defendant put his foot down. He was arrested for DUI and blew a .084 in the breath machine.
Result:	The DUI was DISMISSED.

Mar 30, 2007	Case: 05-21347MM10A	Judge Diaz
Facts:	The defendant was involved in a crash. When the officers arrived, the defendant was in his apartment and the officers observed the defendant to have an odor of alcohol, slurred speech, and balance problems. He failed all field sobriety tests. After his arrest for DUI, he blew a .216 in the breath machine.
Result:	THE JUDGE GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE INCLUDING THE .216 BREATH TEST.

Mar 26, 2007	Case: 489375-X	Judge Arzola
Facts:	The defendant was involved in a traffic crash. When the officer arrived, he observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant stepped off the line several times on the walk and turn and could not touch heel to toe. On the one leg stand the officer stated that the defendant almost fell over. He was subsequently arrested for DUI. He blew a .190 in the breath machine.
Result:	The State dropped the DUI.

Mar 26, 2007	Case: 0162-XAV	Judge Lindsey
Facts:	The defendant was stopped for speeding and driving with her highbeams on. The officer initially detected an odor of alcohol and bloodshot eyes. As she exited the vehicle the officer noticed her stumble. According to the officer, the defendant failed both the finger to nose test as well as the walk and turn. She was arrested for DUI and blew a .101 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Mar 22, 2007	Case: 06-CT-017324A02 (JURY TRIAL)	Judge Damico
Facts:	The defendant was stopped for making an illegal right at a red light and speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a sway to his stance. The defendant admitted to drinking beer. He performed field sobriety exercises such as the walk and turn, one leg stand, and rhomberg balance. On the one leg stand, the defendant put his foot down several times and used his arms for balance. On the balance exercise, he swayed and on the walk and turn test he missed heel to toe several times, lost his balance during the instructions, and turn incorrectly. Everything was video taped at the scene and station. After his arrest for DUI, the defendant blew a .104 it the breath machine.
Result:	After cross examining the arresting officer, the State DROPPED THE DUI IN THE MIDDLE OF JURY TRIAL.

Mar 21, 2007	Case: 05-020409MM10A	Judge Robinson
Facts:	The defendant drove into a closed car dealership at 5:00 a.m. and passed out behind the wheel with the engine running. The security guard saw him drive in and he contacted the police department. The officer attempted to wake the defendant up, and knocked on the window several times. When he woke up the officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He stated that he just left a local bar and had been drinking. The officer found a receipt from the bar for $209.00 dollars. A DUI deputy was called to the scene who conducted the investigation. The defendant was subsequently arrested for DUI. This was his 2nd offense for DUI.
Result:	The State dropped the DUI.

Mar 21, 2007	Case: 06-CT-034852AMB (TRIAL)	Judge Johnson
Facts:	The defendant was stopped for backing up into a police car. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant also appeared to be confused about his whereabouts. The defendant refused the roadside tests and the breath test.
Result:	THE DEFENDANT WAS FOUND NOT GUILTY.

Mar 20, 2007	Case: 05-008147MM10A	Judge Diaz
Facts:	The defendant was stopped for cutting off a motorcycle directly in front of two police officers. The officers observed an odor of alcohol, glassy eyes and slurred speech. The defendant subsequently admitted to drinking four beers. A DUI deputy was called to the scene and stated that she observed the defendant to be extremely unsteady. After completing one sobriety test he refused to participate any further and requested an attorney. He was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Mar 19, 2007	Case: 6219-XAE	Judge Bloom
Facts:	The defendant was stopped for speeding, failing to maintain a single lane, and nearly striking other vehicles. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused the roadsides and the breath test.
Result:	The State dropped the DUI.

Mar 19, 2007	Case: 489961-X	Judge Krieger-Martin
Facts:	The defendant was involved in a crash whereby she hit a utility pole. When the officer arrived, the defendant was outside her car. He observed the defendant to have an odor of alcohol, slurred speech, and extreme unsteadiness. The defendant performed poorly on roadside tests. For example, on the walk an turn test, she took 39 steps up the line instead of the required nine. On the one leg stand, she put her foot down seven times. After her arrest, the defendant blew a .274 in the breath machine, admitted to drinking wine, and feeling the effects of the alcohol.
Result:	The State dropped the DUI.

Mar 19, 2007	Case: CT-126965-J	Judge Conrad
Facts:	The defendant was involved in a rear end crash in which he was the one who was hit from behind. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, swaying, and blood-shot eyes. The defendant only performed the HGN (eye test) and was arrested for DUI. He blew a .143 in the breath machine.
Result:	The State dropped the DUI.

Mar 13, 2007	Case: 38-2006-CT-000624-A (JURY TRIAL)	Judge Smith
Facts:	The defendant was stopped for driving with the ramps to his tractor trailer gouging the road. The officer observed an odor of alcohol and extremely slurred speech. In addition, he stated that the defendant was staggering throughout the investigation. After failing the field sobriety tests he was arrested for DUI. This was his 3rd offense for DUI.
Result:	THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES.

Mar 4, 2007	Case: 48-2006-CT-004751-W	Judge Allen
Facts:	The defendant made an illegal u-turn in front of two emergency vehicles. The officer observed an odor of alcohol,bloodshot eyes and a fixed stare. When he spoke, his speech was slow. He also noticed that the defendant was unsteady on his feet. After attempting to perform the eye test he refused to do anything else. He was subsequently arrested for DUI.
Result:	The DUI was dismissed.

Feb 23, 2007	Case: 06-CT-032760ASB	Judge Corlew
Facts:	The defendant was stopped by police after other driver's made a call that the defendant was driving all over the road. When an officer spotted the defendant's car, he noticed a similar erratic driving pattern and a traffic stop was conducted. The officer noticed an odor of alcohol and blood-shot eyes. A DUI officer was called to conduct an investigation. Once the DUI officer arrived, he made similar observations, along with slurred speech, and he saw the defendant fumbling with his driver's paperwork. The defendant refused the roadside tests and the breath test.
Result:	The State dropped the DUI.

Feb 22, 2007	Case: M06-028737	Judge Newman
Facts:	The defendant was charged with Boating Under the Influence. He was stopped by the police for reckless boating. When the police boarded the boat, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all roadside tests. For example, he stepped off the line numerous times on the walk and turn test, put his foot down on the one leg stand at least three times and was very off balance. He refused the breath test after his arrest for DUI.
Result:	On the morning of jury trial, the State DISMISSED THE DUI.

Feb 20, 2007	Case: 1733-XDK	Judge Ortiz
Facts:	The defendant was stopped at a roadblock checkpoint. The officer observed an odor of alcohol, mumbled speech and watery eyes. The defendant admitted to having a couple of beers and performed poorly on the roadside tests. He refused the breath test after his arrest for DUI.
Result:	On the morning of trial and just prior to arguing the motion, the STATE DROPPED THE DUI.