DUI Wins

Oct 25, 2002	Case: 02-009671TCA99	Judge Moyle
Facts:	The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing. (2nd offense for DUI)
Result:	The case was dismissed.

Oct 18, 2002	Case: 02-002658MM10A	Judge Gehl
Facts:	The defendant was observed driving without headlights and running a red light. The deputy observed bloodshot eyes, an odor of alcohol, and a flushed face. The defendant blew a .137/.131.
Result:	The State dropped the DUI charge to a reckless driving.

Oct 15, 2002	Case: 388103-W	Judge Hernandez
Facts:	The defendant was involved in an accident. Defendant failed the roadside tests and blew a .086.
Result:	Based on the lack of officer credibility, the DUI was dropped to a reckless driving.

Oct 14, 2002	Case: 01-121AC10A	Judge Murphy / Cohn
Facts:	The defendant was seen by civilians driving all over the road. Upon arrival, the police observed the defendant's car stopped in the entrance to a construction site. The defendant was passed out behind the wheel with the engine running. The defendant failed roadside tests. (3rd Offense for DUI)
Result:	Judge Murphy dismissed the charges.

Oct 12, 2002	Case: 061507-J	Judge Pando
Facts:	The defendant was involved in an accident on I-95 and fled the scene after hitting another vehicle. He was later found by the police on the side of the interstate about 300 yards away from the accident site standing outside his vehicle which had a flat tire and exterior damage. He was arrested for Leaving the Scene of and accident and DUI as the officers observed alcohol on his breath and slurred speech. There were four officers involved in the investigation. Depositions were taken of each officer and they all gave different version of the events of that evening. For example, one officer stated the defendant had balance problems while another officer stated he did not. One officer stated the defendant had slurred speech and another officer stated his speech was good.
Result:	The State dropped the DUI and the Leaving the Scene charge and the defendant received no convictions on his record.

Sep 29, 2002	Case: 02-4529MM10A	Judge Zack
Facts:	The Defendant was arrested for DUI and blew a .163/.158.
Result:	Judge Zack granted the motion to suppress the breath test.

Sep 23, 2002	Case: 318523-X	Judge Figarola
Facts:	The defendant was driving at a high rate of speed almost causing an accident. The officer observed mumbled speech, an odor of alcohol and balance problems.
Result:	The State dropped the DUI charge. The defendant has no conviction on his record.

Sep 19, 2002	Case: 252155-W	Judge Reyes
Facts:	The defendant was stopped for running a red light. Odor of alcohol, bloodshot eyes, swaying side to side, bottle of beer in the car. (3rd offense for DUI). The defendant refused to perform roadsides and refused to take a breath test.
Result:	The State dropped the DUI.

Sep 13, 2002	Case: 02-003280MM10A	Judge Lazarus
Facts:	The defendant was stopped for weaving. Odor of alcohol, slow speech, stumbled out of car, bloodshot watery eyes.
Result:	The State dropped the DUI. The defendant has no conviction on his record.

Sep 9, 2002	Case: 02-003367MM10A	Judge Lazarus
Facts:	The defendant was driving without headlights and failing to maintain a single lane. Odor of alcohol, bloodshot eyes, slurred speech, and admitted to 6 drinks.
Result:	The State dropped the DUI to a reckless driving.

Sep 9, 2002	Case: 02-001940MM10A	Judge Lazarus
Facts:	The defendant was failing to maintain a single lane. Officer observed odor, bloodshot eyes, slurred speech and poor balance at the scene. The defendant blew a .147/.141. (4th offense for DUI)
Result:	The State dropped the DUI charge to a reckless driving.

Sep 9, 2002	Case: 085545-J	Judge Bloom
Facts:	The defendant was involved in an accident and left the scene. He was subsequently stopped by police. The officers smelled alcohol on the defendant's breath and observed slurred speech. He was arrested for DUI and Leaving the Scene of an Accident. He took a breath test after his arrest and blew over the legal limit. This was the defendant's second offense.
Result:	The State dropped the DUI.

Sep 9, 2002	Case: 7635-BNX	Judge Pando
Facts:	The defendant was pulled over for running a red light and making an illegal U-turn. He had an odor of alcohol on his breath and bloodshot eyes. He took a breath test and blew under the legal limit. However, he tested positive for cocaine and marijuana from a urine test.
Result:	The State dropped the DUI.

Sep 9, 2002	Case: 01-029462MM10A	Judge Lazarus
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and his speech was slurred. The defendant failed all sobriety tests. A beer can was found inside the car.
Result:	The State conceded the motion and dropped the DUI charge. The defendant has no conviction on his record.

Aug 28, 2002	Case: 01-023514MM10A	Judge Gehl
Facts:	The defendant was stopped for driving without headlights and running through a stop light. The defendant staggered out of her vehicle and was crying periodically. Odor, bloodshot eyes, slurred speech. The defendant admitted to drinking "a lot".
Result:	The State dropped the DUI to a reckless driving.

Aug 27, 2002	Case: 01-027781MM10A	Judge Gehl
Facts:	The defendant was stopped for weaving. Odor, bloodshot eyes, flushed face, slurred speech. The defendant failed sobriety tests and blew a .161.
Result:	The state dropped the DUI to reckless driving.

Aug 23, 2002	Case: 381097-W	Judge Hernandez
Facts:	The defendant was stopped for almost running a pedestrian off the roadway. The officer noticed alcohol on the defendant's breath, slurred speech, and bloodshot eyes. He performed several roadside tasks poorly according to the officer and took a breath test which he blew over the legal limit.
Result:	The State conceded the motion and dropped the DUI.

Aug 19, 2002	Case: 297054-X	Judge Krieger-Martin
Facts:	The defendant was stopped for almost backing into another vehicle. The officer observed alcohol on her breath, slurred speech, and bloodshot eyes. She admitted coming form south beach. She performed several roadsides and blew a .146 in the breath machine.
Result:	The State dropped the DUI and she received no conviction on her record.

Aug 7, 2002	Case: 409914-X	Judge Mills-Francis
Facts:	The defendant was involved in an accident. He performed roadsides and blew a just above the legal limit.
Result:	The defendant received no DUI conviction on his record.

Jul 29, 2002	Case: 318506-X	Judge Pando
Facts:	The defendant was stopped for speeding and crossing over the double yellow lines. The defendant stated “there was no way he could pass a breath test.” He performed poorly on the walk and run. one leg stand, and finger to nose. He refused a breath test.
Result:	The State dropped the DUI.