DUI Wins

Aug 15, 2005	Case: CT-731360-X	Judge Barber
Facts:	The defendant was stopped by police as he was parked half on a curb and half on the road. He was passed out behind the wheel sitting on his keys. The officer noticed he could not stand, had an odor of alcohol, and very slurred speech. He performed poorly on roadside tests and blew a .149 in the breath machine. Everything was on video tape.
Result:	The State dropped the DUI.

Aug 9, 2005	Case: 508542-X	Judge Krieger-Martin
Facts:	The defendant was stopped for running a red light and driving at a high rate of speed. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI officer alleged the defendant performed poorly on roadside tests in his reports. The defendant refused the breath test.
Result:	The State dropped the DUI.

Aug 8, 2005	Case: 062669-J	Judge Mills-Francis
Facts:	The defendant was stopped for driving on the wrong side of the road. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. No roadside tests were conducted for safety reasons on the road. The defendant blew a .183 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Aug 7, 2005	Case: 04-034342TCA08	Judge Damico
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol and she admitted to drinking wine. She allegedly performed poorly on field sobriety tests on video and blew a .17 in the breath machine after her arrest for DUI.
Result:	The DUI was dismissed.

Aug 3, 2005	Case: 2004-CT-001365-A	Judge Blechman
Facts:	The defendant was stopped for weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and blew a .193 in the breath machine after his arrest for DUI. This was the defendant's third offense.
Result:	The State dropped the DUI.

Jul 27, 2005	Case: 04-019541MM10A (JURY TRIAL)	Judge Lazarus
Facts:	The defendant was stopped for driving 93mph in a 65mph zone. The defendant was seen placing a beer can in the back seat of the truck. The Trooper later searched the vehicle and found beer cans in the back seat. The Trooper pulled out the beer cans on video. The defendant first denied drinking, and later admitted to drinking. The Trooper testified in trial that the defendant failed the sobriety tests including the one leg stand which he discontinued for no reason. The Trooper also testified that the defendant fell back on the walk and turn test. The defendant was subsequently arrested for DUI, and open container.
Result:	The defendant was found NOT GUILTY.

Jul 26, 2005	Case: 05-006538TCA04 (JURY TRIAL)	Judge Moyle
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, a flushed face and slow speech. He testified the defendant was swaying and walking "gingerly." The defendant performed the walk and turn and one leg stand exercises at the scene. He could not do the one leg stand and put his foot down several times. He was video taped at the scene and at the station after his arrest. He refused the breath test and this was the defendant's second offense.
Result:	The Jury found the defendant NOT GUILTY in twenty minutes.

Jul 25, 2005	Case: 086441-J	Judge Mills-Francis
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech and bloodshot eyes. He noticed the defendant to stagger and perform poorly on roadside tests. The defendant refused the breath test.
Result:	The State dropped the DUI.

Jul 25, 2005	Case: CT-728275-X	Judge Thomas
Facts:	The defendant was involved in an accident in which he crashed into an apartment complex gate. The officer at the scene noticed an odor of alcohol, slurred speech, and he was unsteady. He admitted to consuming a couple of beers and was transported to the hospital for his injuries. At the hospital, a DUI officer arrived and asked to him to volunteer to give a blood test to determine his alcohol level and the defendant agreed. The DUI officer noticed the same observations as the first officer. He was not arrested at that time because the officer was going to wait for the blood results to see if they were over the legal limit of .08. After the blood was analyzed, the results were a .139 (over the legal limit) and the defendant was subsequently arrested by the same DUI officer.
Result:	The State dropped the DUI.

Jul 15, 2005	Case: 05-010227TCA04	Judge Moyle
Facts:	The defendant was stopped for failing to move over for a police vehicle. Once stopped, the officer observed an odor of alcohol and she performed poorly on roadside tests according to the officer. She then blew a .153 in the breath machine.
Result:	The DUI was dismissed.

Jul 11, 2005	Case: CT-2732-XAM	Judge Fernandez
Facts:	The defendant was stopped for weaving all over the road. The officer noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated she had several drinks. She performed poorly on roadside tests according to the officer on video and then blew a .098 (above the legal limit) in the breath machine after her arrest for DUI.
Result:	The State dropped the DUI.

Jul 6, 2005	Case: 2005-CT-141-A	Judge Todd
Facts:	The defendant was stopped for running a red light, hitting a curb, and weaving several times. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and be very off balance and unsteady. He performed the walk and turn exercise poorly and refused to continue with the rest of the tests. He then refused the breath test. The officer noticed twelve Heineken beer caps in his car.
Result:	The State dropped the DUI.

Jul 4, 2005	Case: 04-6164MM10A	Judge Diaz
Facts:	The defendant was allegedly involved in an accident when his car jumped the median striking another vehicle. The officer noticed an extremely strong odor of alcohol on the defendant's breath and his speech was slurred. He was unable to perform any sobriety tests and blew a .181 in the breath machine.
Result:	The Judge granted the motion and all of the evidence was thrown out.

Jun 20, 2005	Case: 04-534418WTWS-16	Judge Salton
Facts:	The defendant was involved in an accident in the middle of an intersection. The DUI officer observed an odor of alcohol, slow and slurred speech, and a sway to the defendant's stance.
Result:	Immediately prior to jury selection the State dropped the DUI.

Jun 15, 2005	Case: 04-017618MM10A	Judge Robinson
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, the defendant admitted to having 3-4 beers, and he stumbled while getting out of the car. He refused the roadside tests and breath test.
Result:	The State dropped the DUI.

Jun 14, 2005	Case: CT-006317-XAF	Judge Barber
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped. She admitted drinking to the officer and blew a .094 in the breath machine.
Result:	The State dropped the DUI.

Jun 14, 2005	Case: 04-005538TCA04 (JURY TRIAL)	Judge Damico
Facts:	The defendant was found slumped over the wheel in the driver's seat of his car with the engine running by an officer in a public parking lot. The vehicle was in the park position and parked crooked. The officer found the defendant based on a call about a suspicious person in the public parking lot. The officer testified the defendant was out cold and it took about a minute just to wake him. He had to bang on the window, open the door, shake the defendant, and call out to him several times before the defendant responded. The defendant reeked of alcohol according to the officer. A DUI officer was called to the scene and the defendant could hardly speak or stand on video. He admitted being drunk and refused all roadside testing and breath testing.
Result:	The Jury took only FIVE MINUTES to find the defendant NOT GUILTY.

Jun 14, 2005	Case: 04-023383TCA04	Judge Damico
Facts:	The defendant was stopped for driving all over the roadway. The officers smelled an odor of alcohol, slurred speech, bloodshot eyes, and the defendant stated she had a couple of drinks. Acccording to the DUI officer, she performed poorly on field sobriety tests and then blew a .144 in the breath machine.
Result:	The DUI was dismissed.

Jun 13, 2005	Case: 05-000855TCA04	Judge Evans
Facts:	The defendant was stopped for driving the wrong way on a one way street. Once stopped, the officer observed an odor of alcohol, slurred speech and he admitted to having three drinks. He performed poorly on roadside tests according to the officer which was video taped and he blew a .130 in the breath machine.
Result:	The DUI was dismissed.

Jun 13, 2005	Case: 2004-MM-02167-A-K	Judge Miller
Facts:	The defendant was stopped for cutting off another vehicle. The officers observed an odor of alcohol, slurred speech and bloodshot eyes. He refused roadside tests and the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.