DUI Wins

Jun 13, 2005	Case: CT-627191-X	Judge Thomas
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Jun 12, 2005	Case: 05-MM-9769	Judge Shoemaker
Facts:	The defendant was stopped for speeding and cutting through lanes of traffic. The officer observed an odor of alcohol, slurred speech, staggering, and bloodshot eyes. The officer also found beers in the car. The defendant refused the roadside tests and the breath test. Everything was on video tape.
Result:	The DUI was dismissed.

Jun 1, 2005	Case: 04-004497MM10A	Judge Berman
Facts:	The defendant was stopped by FHP for straddling the lane divider for one quarter mile. The trooper observed bloodshot eyes, flushed face and an odor of alcohol. The defendant failed every exercise and was arrested for DUI. He subsequently blew a .158 in the breath machine.
Result:	The Judge granted the motion and excluded all of the evidence.

Jun 1, 2005	Case: 04-013244MM10A	Judge Diaz
Facts:	The defendant was allegedly the driver of a van that hit a sign on the highway. When the trooper arrived on scene he observed two flat tires and a cracked windshield. The defendant's speech was barely understandable and he failed all field sobriety tests.
Result:	The DUI was dismissed.

Jun 1, 2005	Case: 04-006455MM10A	Judge Gehl
Facts:	The defendant was stopped for driving 88mph in a 55mph zone. The trooper noticed bloodshot eyes, flushed face and a strong odor of alcohol. The defendant said he was coming from a bar and had 3 Molson Goldens. The defendant allegedly failed the sobriety tests and blew a .141.
Result:	The Judge threw out the breath test. The State dropped the DUI.

May 24, 2005	Case: 03-19640MM10A (JURY TRIAL)	Judge Lazarus
Facts:	The defendant was seen by a deputy crashing into a motor scooter. The deputy said the defendant stumbled out of the vehicle and had a strong odor of alcohol on his breath. He also noticed bloodshot eyes slurred speech and a flushed face. The DUI deputy arrived and asked him to perform sobriety tests. On the walk and turn test the defendant stumbled and said he didn't feel comfortable continuing. He was arrested for DUI and refused a breath test. This was the defendant's second offense.
Result:	The defendant was found NOT GUILTY.

May 23, 2005	Case: 086772-J	Judge Bloom
Facts:	The defendant was stopped for speeding. The officers observed and odor of alcohol, a flushed face, and bloodshot eyes. They also smelled the odor of marijuana coming from the car. They found 13 grams of marijuana in the car. The defendant was arrested for being under the influence of alcohol and marijuana.
Result:	The DUI was dismissed.

May 19, 2005	Case: 05-000636TCAO4	Judge Moyle
Facts:	The defendant was stopped by police for driving at a "high rate" of speed and his tires touched the yellow line markers one time. The officers observed an odor of alcohol, slurred speech, and poor balance. He allegedly performed poorly on roadside tests and blew a .171 in the breath machine.
Result:	The State dropped the DUI.

May 18, 2005	Case: 04-19284MM10A	Judge Berman
Facts:	The defendant was stopped for speeding and weaving all over the road. The first officer smelled a minty odor as well as glassy eyes. The DUI officer smelled an odor of alcohol and noticed bloodshot eyes. The defendant failed all sobriety tests and was arrested for DUI. He told the officers he wanted to kill them.
Result:	The motion was granted and all evidence was thrown out.

May 17, 2005	Case: 04-2232MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for drifting across the lane markers almost side swiping the police car. The deputy noticed an odor of alcohol and watery eyes. The defendant refused to speak and was arrested for DUI. The defendant blew a .207 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.

May 16, 2005	Case: 04-017954TCAO8 (JURY TRIAL)	Judge Kolin
Facts:	The defendant was stopped at a roadblock checkpoint. When the officer told him to pull into the parking lot after observing a dazed look and odor of alcohol on his breath, he drove over the curb, on the grass, and into to the bushes according to the officer. The officer stated his speech was very slurred, he was very unsteady, and had bloodshot eyes. He refused to do roadside tests on video at the scene of the checkpoint and was arrested for DUI. At the breath testing facility, he stumbled while walking into the video room and refused the breath test. This was the defendant's second offense within five years.
Result:	The jury found the defendant NOT GUILTY in nine minutes.

May 7, 2005	Case: 04-010024MM10A	Judge Diaz
Facts:	The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, glassy eyes, and the defendant admitted to having three beers. He performed poorly on roadside tests according to the officer and blew a .164 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Apr 25, 2005	Case: 267188-X	Judge Tunis
Facts:	The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests and blew a .133 in the breath machine.
Result:	The State dropped the DUI.

Apr 18, 2005	Case: 508541-X	Judge Bloom
Facts:	The defendant was stopped for speeding and running a red light. Once stopped, the officers noticed slurred speech, an odor of alcohol, and unsteadiness. He performed poorly on roadside tests and blew a .225 in the breath machine.
Result:	The State dropped the DUI.

Apr 5, 2005	Case: 386283-W	Judge Gayles
Facts:	The defendant was stopped for speeding and swerving all over the road. The officer observed slurred speech, and the defendant performed poorly on roadside tests. The officer also suspected the defendant was under the influence of cocaine. The defendant refused the breath test.
Result:	The State dropped the DUI.

Apr 4, 2005	Case: 508256-X	Judge Tunis
Facts:	The defendant was involved in a rear end collision. The officers who arrived on scene observed an odor of alcohol, bloodshot eyes and slurred speech. He performed poorly on roadside tests and refused the breath test. The defendant was outside the car when the officers arrived on scene.
Result:	The DUI was dismissed.

Apr 3, 2005	Case: 04-002860TCA08	Judge Evans
Facts:	The defendant was found by police passed out behind the wheel of his vehicle at a red light. The officer noticed an odor of alcohol, slurred speech and blood shot eyes. He performed poorly on roadside tests according to the officer and blew a .102 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Mar 29, 2005	Case: 05-000259MMA	Judge Eriksson
Facts:	The defendant was involved in an accident in which he hit a utility pole. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests. He tested positive in a urine test for amphetamines.
Result:	The DUI was dismissed.

Mar 28, 2005	Case: 508309-X	Judge Tunis
Facts:	The defendant was stopped by police because she almost ran over a Public Service Aid who was setting up cones in the road. The officer who stopped her observed her speeding and failing to maintain a single lane. Once stopped, he observed an odor of alcohol, bloodshot eyes, and she refused roadside tests. She also refused the breath test.
Result:	The State dropped the DUI.

Mar 21, 2005	Case: 03-029877MM10A (JURY TRIAL)	Judge Zack
Facts:	The defendant was driving 80mph in a 65mph zone. The deputy stated that the defendant drove off the highway 15 different times. The trooper investigating the DUI came on scene. He noticed an odor of alcohol, flushed face and bloodshot eyes. He also noticed that the defendant was swaying and staggering all over the place. Because of a language barrier roadside tests were not conducted.
Result:	After the Jury was selected the State dropped the DUI.