DUI Wins

Feb 8, 2005	Case: 04-022314MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped because a caller stated that a woman was driving 10 MPH on the highway and appeared intoxicated. The officer saw the defendant exiting the highway at a slow rate of speed and failing to maintain a single lane. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant was arrested for DUI and a bottle of wine was recovered from the car. She later blew a .160 in the breath machine. This was the defendant's 2nd offense.
Result:	The motion was granted. All evidence was thrown out.

Feb 6, 2005	Case: 05-001675-CT-A-1	Judge Barnes
Facts:	The defendant was stopped for driving over 100 miles per hour. Once stopped, the officer smelled an odor of alcohol, a sway to his stance, and the defendant was arguing with the police. He also had slurred and mumbled speech and bloodshot eyes. The defendant refused roadside tests and refused the breath test.
Result:	The DUI was dismissed.

Feb 5, 2005	Case: 05-4549MM10A	Judge Cowart
Facts:	The defendant was stopped for driving recklessly on the roadway. The deputy noticed bloodshot eyes, flushed face and and slurred speech. The defendant failed all roadside sobriety tests and was arrested for DUI.
Result:	The DUI was dismissed.

Jan 31, 2005	Case: 04-013493MM10A	Judge Feiner
Facts:	The defendant was stopped for driving 95mph. The Trooper noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant told the Trooper that he had 5 beers at a local bar. He was unable to perform any sobriety test and refused a breath test.
Result:	The State dropped the DUI just prior to the jury entering the courtroom.

Jan 31, 2005	Case: 508322-X	Judge Bloom
Facts:	The defendant was stopped by police based on a BOLO (be on the lookout) that a black hummer had been involved in a hit and run crash. An officer saw a black hummer about 29 blocks from the crash scene and stopped the vehicle. The officer noticed an odor of alcohol, slurred speech and that the defendant was off balance. The defendant performed poorly on roadside tests and he refused the breath test. He was also charged with leaving the scene of an accident.
Result:	The State dropped the DUI.

Jan 28, 2005	Case: 04-CF2305	Judge Barron
Facts:	The defendant was stopped by Okaloosa County Sheriff's Officers for weaving and driving too slowly. Once stopped, the officers noticed slurred speech and that the defendant seemed to be impaired. Once out of the vehicle, the defendant was off balance and unsteady. She performed poorly on roadside tests and was arrested for Driving Under the Influence of a a chemical or controlled substance. The officers found numerous prescription drugs in the car to which the defendant did not have a prescription. They also found marijuana in the car. The defendant refused to provide a urine sample. The defendant was also charged with possession of marijuana and a felony for being in possession of a drug without a prescription.
Result:	The State dropped the DUI.

Jan 27, 2005	Case: 03-026878MM10A	Judge Cowart
Facts:	The defendant was stopped for parking at an improper angle in a closed gas station. The defendant was passed out behind the wheel with the engine running. When the deputy approached the vehicle the defendant passed out in the drivers seat. The defendant motioned for the deputy to get out of the way so he could leave. While the defendant attempted to place the car in drive, the deputy grabbed the key from the ignition. The car smelled from alcohol and the defendant was completely unsteady on his feet. The defendant failed all roadside tests. In addition, the defendant was charged with refusing to submit to a breath test.
Result:	All evidence was thrown out. The DUI was dismissed.

Jan 19, 2005	Case: M04-045776	Judge Ortiz
Facts:	The defendant was charged with Boating Under the Influence. The officer stated he observed the defendant drinking on his boat while at the wheel of the boat. When the officer boarded the boat, he observed an odor of alcohol and slurred speech. The defendant performed some roadside exercises on the boat which the officer stated he performed poorly. He was then transported to the Coast Guard Station to do more field sobriety tests. He was then arrested for BUI and he refused the breath test.
Result:	The DUI was dismissed.

Jan 18, 2005	Case: 252527-W	Judge Newman
Facts:	The defendant was stopped for swerving. Once stopped the officer observed the defendant to be off balance, have an odor of alcohol and slurred speech. He refused roadsides and refused the breath test.
Result:	The State dropped the DUI.

Jan 18, 2005	Case: 316999-X	Judge Newman
Facts:	The Defendant was stopped by a Miami-Dade fire rescue person who found the defendant passed out at a light. He removed the defendant from the vehicle and called for the police. When police arrived, the defendant was sitting on the grass. They observed and odor of alcohol and blood shot eyes. He allegedly performed poorly on roadside tests and blew a .108 in the breath machine.
Result:	The State dropped the DUI.

Jan 9, 2005	Case: 2005-CT-001413	Judge Henderson
Facts:	The defendant was stopped for swerving. The officer noticed an odor of alcohol and unsteadiness. The defendant performed poorly on roadside tests on video at the scene. She refused the breath test and also admitted she was drunk on video.
Result:	The Judge granted the motion and threw out all the roadside tests.

Jan 7, 2005	Case: 05-003722TCA08	Judge Burton
Facts:	The defendant was stopped for driving on the wrong side of the road. Once stopped the officer, the officer observed an odor of alcohol, unsteadiness, and glassy eyes. He performed poorly on roadside tests and blew a .172 in the breath machine.
Result:	The DUI was dismissed.

Jan 4, 2005	Case: 04-13989MM10A	Judge Berman
Facts:	The defendant was stopped for obstructing the roadway and driving at a high rate of speed. The officers observed an odor of alcohol, bloodshot eyes, and was staggering. The defendant refused roadsides and the breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Dec 20, 2004	Case: 03-019267MM10A	Judge Gehl
Facts:	The defendant was stopped for driving 105 miles per hour and cutting off other vehicles. The officer noticed an odor of alcohol, blood shot eyes, and an open container of alcohol in the car. He performed poorly on roadside tests and blew a .105 in the breath machine.
Result:	The State dropped the DUI.

Dec 20, 2004	Case: 086582-J	Judge Gayles
Facts:	The defendant was involved in an accident whereby he swerved to avoid hitting a drunk pedestrian who was standing in the roadway. When the trooper arrived, he observed the defendant to have an odor of alcohol, slurred speech and bloodshot eyes. The defendant refused roadside tests and refused the breath test. This was the defendant's second offense.
Result:	The DUI was dismissed.

Dec 13, 2004	Case: 086426-J	Judge Bloom
Facts:	The defendant was involved in an accident in which he rear ended another vehicle. When the police arrived, they observed the defendant standing outside his vehicle and they observed an odor of alcohol, slurred speech, and balance problems. He performed poorly on roadside tests and blew a .168 in the breath machine.
Result:	The State dropped the DUI.

Dec 13, 2004	Case: 129408-J	Judge McWhorter
Facts:	The defendant was stopped by the FHP for speeding. Prior to offering the roadside tests, the officer observed an odor of alcohol. The defendant performed poorly on roadside tests and he blew a .11 in the breath machine after his arrest for DUI.
Result:	The State read the deposition and case-law and conceded the motion. The State dropped the DUI.

Dec 11, 2004	Case: 03-028991TCA08	Judge Cohen
Facts:	The defendant was involved in a one car accident. There were no eyewitnesses to the crash. He was seen by police walking down the road with another individual about a quarter mile from the crash scene. He was asked if he was the driver involved in the crash and the defendant responded by saying yes. The officer observed an odor of alcohol, slurred speech, and the defendant performed poorly on roadside tests. He was arrested for DUI and blew a .149 in the breath machine.
Result:	The Judge granted the motion to suppress. The DUI was dismissed.

Dec 10, 2004	Case: 412937-W	Judge Thomas
Facts:	The defendant was stopped by Tampa police for making an improper turn. The officer who stopped the defendant observed an odor of alcohol and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety tests according to the officer. He subsequently refused the breath test.
Result:	The State dropped the DUI.

Dec 10, 2004	Case: 252880-W	Judge Figarola
Facts:	The defendant was stopped for making a wide turn. Once stopped, the officer observed an odor of alcohol, blood shot eyes and slurred speech. A DUI officer was called and the defendant performed poorly on roadside tests. Subsequent to his arrest for DUI, he blew a .176 in the breath machine.
Result:	The State conceded the motion. The State dropped the DUI.