DUI Wins

Jan 12, 2006	Case: 46-2006-CT-011176-0	Judge Ansbro
Facts:	The defendant was parked on the side of an open business with her lights off in the middle of the night. An undercover officer pulled up to the store to see if anything was happening. When the officer pulled up in his undercover truck and got out of the vehicle, the defendant drove off. The officer then initiated a traffic stop believing a crime had been committed or may be committed according to his testimony. The officer felt the defendant's car appeared "suspicious." Once stopped, the officer noticed an odor of alcohol, slurred speech, and unsteadiness. A DUI officer was called and made similar observations. The defendant refused all roadside tests and refused the breath test. This was the defendant's SECOND DUI.
Result:	The defense provided case law and the Judge GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DISMISSED THE DUI.

Jan 12, 2006	Case: 46-2006-CT-011176-0	Judge Ansbro
Facts:	The defendant was parked on the side of an open business with her lights off in the middle of the night. An undercover officer pulled up to the store to see if anything was happening. When the officer pulled up in his undercover truck and got out of the vehicle, the defendant drove off. The officer then initiated a traffic stop believing a crime had been committed or may be committed according to his testimony. The officer felt the defendant's car appeared "suspicious." Once stopped, the officer noticed an odor of alcohol, slurred speech, and unsteadiness. A DUI officer was called and made similar observations. The defendant refused all roadside tests and refused the breath test. This was the defendant's SECOND DUI.
Result:	The defense provided case law and the Judge GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DISMISSED THE DUI.

Jan 11, 2006	Case: 05-21544MM10A	Judge Robinson
Facts:	The defendant was involved in a crash in which he ran over dirt, bushes, and landed in a canal. A police diver got him out of the vehicle as it was submerged in swampland. Once on land, the officers noticed an odor of alcohol and unsteadiness. The defendant admitted to drinking five to six beers. He performed poorly on roadside tests and refused the breath test after his arrest for DUI.
Result:	On the morning of Jury Trial, the STATE DROPPED THE DUI.

Jan 11, 2006	Case: 05-21544MM10A	Judge Robinson
Facts:	The defendant was involved in a crash in which he ran over dirt, bushes, and landed in a canal. A police diver got him out of the vehicle as it was submerged in swampland. Once on land, the officers noticed an odor of alcohol and unsteadiness. The defendant admitted to drinking five to six beers. He performed poorly on roadside tests and refused the breath test after his arrest for DUI.
Result:	On the morning of Jury Trial, the STATE DROPPED THE DUI.

Jan 5, 2006	Case: 05-0029252-XAD-ANC	Judge Horrox
Facts:	The defendant was stopped for failing to maintain a single lane. Once stopped, the officer observed an odor of alcohol, a sway and unsteadiness, to his stance, and slurred speech. According to the officer, he performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line and used his arms for balance. On the one leg stand, he swayed and used his arms for balance. Subsequent to his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Jan 5, 2006	Case: 05-0029252-XAD-ANC	Judge Horrox
Facts:	The defendant was stopped for failing to maintain a single lane. Once stopped, the officer observed an odor of alcohol, a sway and unsteadiness, to his stance, and slurred speech. According to the officer, he performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line and used his arms for balance. On the one leg stand, he swayed and used his arms for balance. Subsequent to his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Jan 3, 2006	Case: 05-012327MM10A (JURY TRIAL)	Judge Ross
Facts:	The defendant was stopped for driving 90 miles per hour. The trooper observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The trooper asked the defendant to exit the vehicle and noticed she was unsteady. The trooper then asked if she would perform field sobriety tests and she complied. On the walk and turn test, she stepped off the line and missed heel to toe several times. On the one leg stand, she swayed and was off balance. On the finger to nose test, the trooper stated she was unable to touch her finger to her nose on every attempt. The defendant was arrested for DUI and blew a .111 in the breath machine. After being read her Miranda rights, the defendant told the officer that she was in Tamarac when in fact she was not in Tamarac. She also admitted to drinking wine.
Result:	The Jury found the defendant NOT GUILTY.

Jan 3, 2006	Case: 05-012327MM10A (JURY TRIAL)	Judge Ross
Facts:	The defendant was stopped for driving 90 miles per hour. The trooper observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The trooper asked the defendant to exit the vehicle and noticed she was unsteady. The trooper then asked if she would perform field sobriety tests and she complied. On the walk and turn test, she stepped off the line and missed heel to toe several times. On the one leg stand, she swayed and was off balance. On the finger to nose test, the trooper stated she was unable to touch her finger to her nose on every attempt. The defendant was arrested for DUI and blew a .111 in the breath machine. After being read her Miranda rights, the defendant told the officer that she was in Tamarac when in fact she was not in Tamarac. She also admitted to drinking wine.
Result:	The Jury found the defendant NOT GUILTY.

Jan 2, 2006	Case: 04-016510MM10A	Judge Robinson
Facts:	The defendant was stopped for driving across the double yellow lines while driving 62 mph in a 40 mph zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was so belligerent that he had to be physically removed from the car. He refused the exercises but later consented to a breath test. His result was a .153.
Result:	The State dropped the DUI. This was the defendant's 2nd DUI within 5 years.

Jan 2, 2006	Case: 04-026756MM10A	Judge Lazarus
Facts:	The defendant was stopped for speeding. The officer observed bloodshot eyes, slurred speech, sluggish movements and a strong odor of alcohol on his breath. The defendant performed several field sobriety tests. On the finger to nose test he failed to touch his nose 5 out of six times. On the walk and turn test the defendant failed to stay on the line. On the one leg stand he put his foot down 5 times and stated he cannot do this. The defendant stated that he would have gotten away with this if he wasn't speeding.
Result:	The State dropped the DUI the morning of trial.

Jan 2, 2006	Case: 04-016510MM10A	Judge Robinson
Facts:	The defendant was stopped for driving across the double yellow lines while driving 62 mph in a 40 mph zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was so belligerent that he had to be physically removed from the car. He refused the exercises but later consented to a breath test. His result was a .153.
Result:	The State dropped the DUI. This was the defendant's 2nd DUI within 5 years.

Jan 2, 2006	Case: 04-026756MM10A	Judge Lazarus
Facts:	The defendant was stopped for speeding. The officer observed bloodshot eyes, slurred speech, sluggish movements and a strong odor of alcohol on his breath. The defendant performed several field sobriety tests. On the finger to nose test he failed to touch his nose 5 out of six times. On the walk and turn test the defendant failed to stay on the line. On the one leg stand he put his foot down 5 times and stated he cannot do this. The defendant stated that he would have gotten away with this if he wasn't speeding.
Result:	The State dropped the DUI the morning of trial.

Dec 13, 2005	Case: 05-003407TCA04	Judge Evans
Facts:	The defendant was stopped for running a red light and squealing his tires. The two officers observed an odor of alcohol, slurred speech, and the defendant was fumbling looking for his license. He was unstable on his feet and admitted to drinking beers. He refused the roadside tests and the breath test.
Result:	The State dropped the DUI.

Dec 13, 2005	Case: 05-003407TCA04	Judge Evans
Facts:	The defendant was stopped for running a red light and squealing his tires. The two officers observed an odor of alcohol, slurred speech, and the defendant was fumbling looking for his license. He was unstable on his feet and admitted to drinking beers. He refused the roadside tests and the breath test.
Result:	The State dropped the DUI.

Dec 12, 2005	Case: 05-004972MMA04	Judge Damico
Facts:	The defendant was parked while asleep in a church parking lot. The officers arrived on scene with their overhead lights because a BOLO (be on the lookout) had gone out about a disturbance on the road and possibly impaired driver (ie. the defendant). No other specifics were given in the BOLO. When the officers arrived, they never spoke to the other deputies on the scene and never spoke to the alleged victim about what allegedly happened. They went straight up to the defendant's car and ordered the defendant to roll down his window. They then observed drug paraphernalia (a pipe) and an odor of alcohol. The defendant admitted to having 5-6 beers and was very off balance, staggering, and had slurred speech. He refused the roadside tests and refused the breath test.

Dec 12, 2005	Case: 05-016119MM10A	Judge Zack
Facts:	The defendant lost control of his vehicle and crashed into another car. The officer noticed that the defendant had an odor of alcohol and bloodshot watery eyes. The defendant stated that the passengers in his vehicle were even more trashed than he was. He also stated that he had a few beers at hooters. It should be noted that the defendant was also on felony probation for burglary, grand theft and drugs.
Result:	The Judge threw out the statements and the State dropped the DUI. He was also reinstated on probation.

Dec 12, 2005	Case: 05-004267TCA02	Judge Evans
Facts:	The defendant was stopped for tailgating and driving in a careless manner. The officers who stopped the defendant were undercover officers and not DUI officers. They observed an odor of alcohol, bloodshot eyes, and slurred speech. They stated the defendant performed poorly on roadside tests (no video at the scene) and he blew a .181 in the breath machine after his arrest for DUI. The breath test was video taped at the breath testing facility.
Result:	The State read the depositions, watched the video, and conceded the motions. The State dropped the DUI.

Dec 12, 2005	Case: 05-004972MMA04	Judge Damico
Facts:	The defendant was parked while asleep in a church parking lot. The officers arrived on scene with their overhead lights because a BOLO (be on the lookout) had gone out about a disturbance on the road and possibly impaired driver (ie. the defendant). No other specifics were given in the BOLO. When the officers arrived, they never spoke to the other deputies on the scene and never spoke to the alleged victim about what allegedly happened. They went straight up to the defendant's car and ordered the defendant to roll down his window. They then observed drug paraphernalia (a pipe) and an odor of alcohol. The defendant admitted to having 5-6 beers and was very off balance, staggering, and had slurred speech. He refused the roadside tests and refused the breath test.

Dec 12, 2005	Case: 05-004267TCA02	Judge Evans
Facts:	The defendant was stopped for tailgating and driving in a careless manner. The officers who stopped the defendant were undercover officers and not DUI officers. They observed an odor of alcohol, bloodshot eyes, and slurred speech. They stated the defendant performed poorly on roadside tests (no video at the scene) and he blew a .181 in the breath machine after his arrest for DUI. The breath test was video taped at the breath testing facility.
Result:	The State read the depositions, watched the video, and conceded the motions. The State dropped the DUI.

Dec 12, 2005	Case: 05-016119MM10A	Judge Zack
Facts:	The defendant lost control of his vehicle and crashed into another car. The officer noticed that the defendant had an odor of alcohol and bloodshot watery eyes. The defendant stated that the passengers in his vehicle were even more trashed than he was. He also stated that he had a few beers at hooters. It should be noted that the defendant was also on felony probation for burglary, grand theft and drugs.
Result:	The Judge threw out the statements and the State dropped the DUI. He was also reinstated on probation.