DUI Wins

Apr 12, 2006	Case: 286741-X	Judge Lindsey
Facts:	The defendant was involved in a rear end traffic crash. The officer observed an odor of alcohol, slurred speech, and the defendant had urinated on himself. The defendant performed poorly on roadside tests and then refused the breath test.
Result:	On the morning of trial, the State DROPPED THE DUI.

Apr 12, 2006	Case: 503772-W	Judge McWhorter
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadsides tests. For example, on the walk and turn, the defendant stepped off the line seven times. On the one leg stand, the defendant put her foot down seven times. After her arrest for DUI, the defendant blew a .151 in the breath machine.
Result:	The State dropped the DUI.

Apr 12, 2006	Case: 086817-J	Judge Newman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Apr 12, 2006	Case: 286741-X	Judge Lindsey
Facts:	The defendant was involved in a rear end traffic crash. The officer observed an odor of alcohol, slurred speech, and the defendant had urinated on himself. The defendant performed poorly on roadside tests and then refused the breath test.
Result:	On the morning of trial, the State DROPPED THE DUI.

Apr 12, 2006	Case: 503772-W	Judge McWhorter
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadsides tests. For example, on the walk and turn, the defendant stepped off the line seven times. On the one leg stand, the defendant put her foot down seven times. After her arrest for DUI, the defendant blew a .151 in the breath machine.
Result:	The State dropped the DUI.

Apr 12, 2006	Case: 086817-J	Judge Newman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Apr 4, 2006	Case: 1316-EIV	Judge Bloom
Facts:	The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance.
Result:	On the morning of trial, the State dropped the DUI.

Apr 4, 2006	Case: 05-017168MM10A	Judge Murphy
Facts:	The defendant was observed to be passed out in the middle of the intersection. The deputy noticed bloodshot eyes and a strong odor of alcohol. The defendant later admitted to driving. A DUI task force deputy was called to conduct field sobriety tests. On the walk and turn test the defendant missed heel to toe several times. On the finger to nose test the defendant failed to touch the tip of his nose and performed the wrong arm movement. The defendant was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Apr 4, 2006	Case: 1316-EIV	Judge Bloom
Facts:	The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance.
Result:	On the morning of trial, the State dropped the DUI.

Apr 4, 2006	Case: 05-017168MM10A	Judge Murphy
Facts:	The defendant was observed to be passed out in the middle of the intersection. The deputy noticed bloodshot eyes and a strong odor of alcohol. The defendant later admitted to driving. A DUI task force deputy was called to conduct field sobriety tests. On the walk and turn test the defendant missed heel to toe several times. On the finger to nose test the defendant failed to touch the tip of his nose and performed the wrong arm movement. The defendant was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial.

Apr 1, 2006	Case: 04-016150MM10A	Judge Robinson
Facts:	The defendant was stopped at a DUI checkpoint. The task force deputy observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. After exiting the car the subject was swaying from side to side. The defendant failed all field sobriety tests and was arrested for DUI.
Result:	The motion was granted and all of the evidence was thrown out. The State dropped the DUI.

Apr 1, 2006	Case: 04-016150MM10A	Judge Robinson
Facts:	The defendant was stopped at a DUI checkpoint. The task force deputy observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. After exiting the car the subject was swaying from side to side. The defendant failed all field sobriety tests and was arrested for DUI.
Result:	The motion was granted and all of the evidence was thrown out. The State dropped the DUI.

Mar 29, 2006	Case: 05-018449MM10A	Judge Feiner
Facts:	The defendant was stopped for almost colliding with the center median two times. The deputy observed a strong odor of alcohol. bloodshot watery eyes and slurred speech. The defendant was unsteady exiting the car and was unsure where she was coming from. A DUI officer arrived and conducted a criminal investigation. He stated that the defendant appeared extremely unsteady on her feet and performed poorly on the field sobriety tests. He also stated that the defendant admitted to taking prescription medication for anxiety.
Result:	The motion was granted and all evidence was thrown out.

Mar 29, 2006	Case: 05-002365MM10A	Judge Robinson
Facts:	The defendant was stopped for making an illegal u-turn almost striking the deputy. Upon contact, the deputy noticed an odor of alcohol, bloodshot eyes, and a flushed face. A DUI officer was then called to the scene. On the walk and turn test she failed to walk heel to toe and made an improper turn. On the finger to nose test, the defendant left her finger on her nose contrary to instructions. She was arrested for DUI and blew a .101 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Mar 29, 2006	Case: 05-018449MM10A	Judge Feiner
Facts:	The defendant was stopped for almost colliding with the center median two times. The deputy observed a strong odor of alcohol. bloodshot watery eyes and slurred speech. The defendant was unsteady exiting the car and was unsure where she was coming from. A DUI officer arrived and conducted a criminal investigation. He stated that the defendant appeared extremely unsteady on her feet and performed poorly on the field sobriety tests. He also stated that the defendant admitted to taking prescription medication for anxiety.
Result:	The motion was granted and all evidence was thrown out.

Mar 29, 2006	Case: 05-002365MM10A	Judge Robinson
Facts:	The defendant was stopped for making an illegal u-turn almost striking the deputy. Upon contact, the deputy noticed an odor of alcohol, bloodshot eyes, and a flushed face. A DUI officer was then called to the scene. On the walk and turn test she failed to walk heel to toe and made an improper turn. On the finger to nose test, the defendant left her finger on her nose contrary to instructions. She was arrested for DUI and blew a .101 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Mar 27, 2006	Case: 2006-CT-872-0	Judge Shoemaker
Facts:	The defendant was stopped for weaving, speeding, and running a red light. The State Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant staggered and swayed once he was outside of his vehicle. The defendant refused both the roadside tests and the breath test. This was the defendant's second offense.
Result:	On the morning of jury trial, the State Dropped the DUI.

Mar 27, 2006	Case: 2006-CT-872-0	Judge Shoemaker
Facts:	The defendant was stopped for weaving, speeding, and running a red light. The State Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant staggered and swayed once he was outside of his vehicle. The defendant refused both the roadside tests and the breath test. This was the defendant's second offense.
Result:	On the morning of jury trial, the State Dropped the DUI.

Mar 23, 2006	Case: 05-002270MM10A	Judge Cowart
Facts:	The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI and Open Container charges.

Mar 23, 2006	Case: 05-002270MM10A	Judge Cowart
Facts:	The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI and Open Container charges.