DUI Wins

Jul 14, 2003	Case: 265994-W	Judge Newman
Facts:	The defendant was stopped for running a stop sign and driving erratically. The officer who stopped him stated he observed slurred speech, and an odor of alcohol. The defendant was allegedly off balance. The arresting officer only did two roadsides. The defendant refused to give a breath sample.
Result:	The State dropped the DUI.

Jul 10, 2003	Case: 1746, 47-BZD	Judge Newman
Facts:	The defendant was involved in an accident. The officer noticed an odor of alcohol, slurred speech, and the defendant had difficulty standing up without assistance. The officer ordered that his blood be drawn and his results were .314 (almost four times the legal limit). Depositions of all the officers were taken in the case.
Result:	The State dropped the DUI.

Jun 30, 2003	Case: 395104-W	Judge Bloom
Facts:	The defendant was stopped outside a club due to an alleged altercation inside the bar. Once stopped, the officers observed slurred speech, an odor of alcohol, and bloodshot eyes. The defendant performed poorly on roadsides and blew a .247 into the breath machine.
Result:	The State dropped the DUI.

Jun 16, 2003	Case: 051894-W	Judge Krieger-Martin
Facts:	The defendant was involved in an accident. He was unsteady on his feet, had slurred speech, and an odor of an alcoholic beverage. The defendant performed poorly on roadsides and blew a .11 in the breath machine.
Result:	The State dropped the DUI.

Jun 3, 2003	Case: 01-009909MM10A	Judge Diaz
Facts:	The defendant was stopped at a sobriety checkpoint. He was asked to perform field sobriety tests which he allegedly failed, and blew a .165 on the intoxilyzer.
Result:	The motion was stipulated to by the State, and the DUI was dropped.

Jun 1, 2003	Case: 317747-X	Judge Figarola
Facts:	The defendant was observed by the officer driving without his head lights. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. The defendant refused to take a breath test.
Result:	The State dropped the DUI and the defendant received no conviction for any crime on his record.

May 27, 2003	Case: 342099-W	Judge Mills-Francis
Facts:	The defendant was stopped for speeding. The speeding occurred in Surfside, however, the defendant was stopped in Bal Harbor. A North Bay Village officer responded to conduct the DUI investigation. The defendant performed poorly on the roadsides and blew a .131 on the Breath machine.
Result:	The State dropped the DUI.

May 19, 2003	Case: 02-007168MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was allegedly seen driving home recklessly by his neighbor. She stated that he then passed out drunk in his car. The defendant was placed on video upon arrest and failed every sobriety test.
Result:	The state attorney’s office dropped the DUI in the middle of trial.

May 19, 2003	Case: 266860-X	Judge Krieger-Martin
Facts:	The defendant was pulled over for driving over 100 miles per hour. The officer observed the defendant to be unsteady, have slurred speech, and an odor of alcohol on his breath. The defendant performed several roadsides poorly according to the officer and he refused to take a breath test.
Result:	The State dropped the DUI.

May 19, 2003	Case: 373565-W	Judge Reyes
Facts:	The defendant was pulled over for allegedly driving at an officer while he was conducting a traffic stop. The officer observed beer in the car and the defendant admitted drinking too much. She performed poorly on roadside tests and blew a .15 in the breath machine.
Result:	The State dropped the DUI.

May 19, 2003	Case: 317761-X	Judge Newman
Facts:	The defendant was involved in an accident as he hit a bus stop. The officer observed the defendant staggering around as he arrived. Also, the defendant was given roadsides which he performed poorly. Officers observed an odor of alcohol and slurred speech. The defendant admitted drinking whiskey to the officer.
Result:	The State dropped the DUI.

May 11, 2003	Case: 03-11012MMA	Judge Manalich
Facts:	The defendant was stopped for speeding and striking a curb. The officer observed an odor of alcohol, bloodshot eyes, and the defendant refused to listen to the officer’s instructions.
Result:	The State dropped the DUI.

May 8, 2003	Case: 050587-W	Judge Pando
Facts:	The defendant was stopped for nearly colliding with a police officer. The officer stated that the defendant was unsteady, had an odor of alcohol, and had mumbled and slurred speech. The officer requested the defendant to perform roadside tasks. The defendant performed poorly on the tests and subsequently refused the breath test.
Result:	The Judge granted the motion throwing out all of the roadside tests. Case is still pending.

May 6, 2003	Case: 01-001588MM10A	Judge Diaz
Facts:	The defendant was involved in a traffic crash. The crash investigator noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed field sobriety tests and was arrested. The defendant admitted to taking pain medication.
Result:	The State dropped the DUI prior to trial.

Apr 28, 2003	Case: 508042-X	Judge Figarola
Facts:	The defendant was stopped because he was involved in an accident. His speech was slurred, appeared sleepy, and he could not stand upright without the assistance of the officer. He performed several roadsides poorly and later blew a .11 into the breath machine.
Result:	DUI dismissed.

Apr 21, 2003	Case: 387793-W	Judge Krieger-Martin
Facts:	The defendant was stopped for driving head on at a police officer while pulling into a parking lot. The officer who stopped the defendant stated in deposition that the defendant was completely off balance and could not speak clearly. He noticed an odor of alcohol and bloodshot eyes. The officer who conducted the DUI investigation stated in the reports that the defendant’s speech was good and there were no balance problems. The defendant blew a .091 into the breath machine.
Result:	State dropped the DUI.

Apr 12, 2003	Case: 02-021437MM10A	Judge Zack
Facts:	The defendant drove his car into a concrete median, knocking down a light pole. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The defendant stated he had 2 liters of alcohol which were found in the vehicle. The defendant’s blood alcohol level was a .24 (3 times the legal limit).
Result:	The court granted the motion and threw out the blood test.

Apr 9, 2003	Case: 03-025466TC10A	Judge Diaz
Facts:	The defendant was stopped for an illegal turn, and was subsequently arrested for driving on a DUI suspension.
Result:	The Judge granted the motion and all evidence was thrown out. The State has 15 days to appeal.

Apr 8, 2003	Case: 388162-W	Judge Hernandez
Facts:	The defendant was stopped for having a cracked windshield. The officer noticed slurred speech, an odor of alcohol, and bloodshot eyes. According to the officer, the defendant performed several roadsides poorly. The defendant refused a breath test. This was the defendant’s second offense.
Result:	The State dismissed the DUI.

Apr 8, 2003	Case: 050813-W	Judge Pando
Facts:	The defendant was stopped for weaving. He was unsteady, had an odor of alcohol, slurred speech and bloodshot eyes. He performed very poorly on the sobriety tests. The defendant stated to the officer “he was drunk, but not that drunk.” He blew a .201 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.