DUI Wins

Mar 17, 2006	Case: 05-11672MM10A	Judge Gehl
Facts:	The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI.
Result:	The Motion was granted, the DUI was DISMISSED.

Mar 17, 2006	Case: 412774-X	Judge Mills-Francis
Facts:	The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine.
Result:	The DUI was dismissed.

Mar 17, 2006	Case: 05-11672MM10A	Judge Gehl
Facts:	The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI.
Result:	The Motion was granted, the DUI was DISMISSED.

Mar 17, 2006	Case: 412774-X	Judge Mills-Francis
Facts:	The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine.
Result:	The DUI was dismissed.

Mar 10, 2006	Case: 550675-X	Judge Ortiz
Facts:	The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense.
Result:	The DUI was dismissed.

Mar 10, 2006	Case: 06-CT-001228-XCA	Judge Ober
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test.
Result:	The State dropped the DUI.

Mar 10, 2006	Case: 550675-X	Judge Ortiz
Facts:	The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense.
Result:	The DUI was dismissed.

Mar 10, 2006	Case: 06-CT-001228-XCA	Judge Ober
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test.
Result:	The State dropped the DUI.

Mar 8, 2006	Case: 06-3504-MMA	Judge Marblestone
Facts:	The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI.
Result:	The State conceded the motion and DROPPED THE DUI.

Mar 8, 2006	Case: 06-3504-MMA	Judge Marblestone
Facts:	The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI.
Result:	The State conceded the motion and DROPPED THE DUI.

Mar 4, 2006	Case: 04-11131MM10A	Judge Gehl
Facts:	The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI.
Result:	After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI.

Mar 4, 2006	Case: 04-11131MM10A	Judge Gehl
Facts:	The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI.
Result:	After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI.

Mar 2, 2006	Case: 05-025643TCA04	Judge Marx
Facts:	The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine.
Result:	The State dropped the DUI.

Mar 2, 2006	Case: 05-025643TCA04	Judge Marx
Facts:	The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine.
Result:	The State dropped the DUI.

Feb 28, 2006	Case: CT-002328-XAM (JURY TRIAL)	Judge Barber
Facts:	An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years.
Result:	On the second day of trial, the State dropped the DUI.

Feb 28, 2006	Case: CT-002328-XAM (JURY TRIAL)	Judge Barber
Facts:	An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years.
Result:	On the second day of trial, the State dropped the DUI.

Feb 21, 2006	Case: 05-009515MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal.
Result:	After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test.

Feb 21, 2006	Case: 05-009515MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal.
Result:	After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test.

Feb 13, 2006	Case: 04-025307MM10A	Judge Feiner
Facts:	The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense.

Feb 13, 2006	Case: 04-025307MM10A	Judge Feiner
Facts:	The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense.