DUI Wins

Nov 30, 2005	Case: 04-026609MM10A	Judge Berman
Facts:	The defendant was stopped for crossing three lanes of traffic without putting on her signal and then running a red light. A DUI task force deputy was subsequently asked to perform a criminal investigation for DUI. He observed a strong odor of alcohol, bloodshot eyes and a flushed face. On video, the defendant stated she had come from a club and had a couple of drinks. The defendant refused to perform any sobriety testing and was arrested for DUI.
Result:	On the morning of trial, the State Attorney's Office dropped the DUI.

Nov 30, 2005	Case: 04-026609MM10A	Judge Berman
Facts:	The defendant was stopped for crossing three lanes of traffic without putting on her signal and then running a red light. A DUI task force deputy was subsequently asked to perform a criminal investigation for DUI. He observed a strong odor of alcohol, bloodshot eyes and a flushed face. On video, the defendant stated she had come from a club and had a couple of drinks. The defendant refused to perform any sobriety testing and was arrested for DUI.
Result:	On the morning of trial, the State Attorney's Office dropped the DUI.

Nov 28, 2005	Case: 297124-X	Judge Gayles
Facts:	The defendant was stopped for careless driving and speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and wrote the defendant was completely off balance and used the car to maintain his balance. A DUI officer was called to conduct roadside tests and the defendant was arrested for DUI. He refused the breath test and this was the defendant's second offense.
Result:	The State dropped the DUI.

Nov 28, 2005	Case: 297124-X	Judge Gayles
Facts:	The defendant was stopped for careless driving and speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and wrote the defendant was completely off balance and used the car to maintain his balance. A DUI officer was called to conduct roadside tests and the defendant was arrested for DUI. He refused the breath test and this was the defendant's second offense.
Result:	The State dropped the DUI.

Nov 21, 2005	Case: 061297-J	Judge Ortiz
Facts:	The defendant was involved in a crash in which she hit a barrier wall on the highway. When the trooper arrived on scene, he observed an odor of alcohol, slightly slurred speech, and a sway. The roadside exercises were video taped by the trooper which is very rarely done in Dade County. She was arrested for DUI and blew a .108 in the breath machine after her arrest.
Result:	The State dropped the DUI.

Nov 21, 2005	Case: 061297-J	Judge Ortiz
Facts:	The defendant was involved in a crash in which she hit a barrier wall on the highway. When the trooper arrived on scene, he observed an odor of alcohol, slightly slurred speech, and a sway. The roadside exercises were video taped by the trooper which is very rarely done in Dade County. She was arrested for DUI and blew a .108 in the breath machine after her arrest.
Result:	The State dropped the DUI.

Nov 15, 2005	Case: 05-002010MM10A	Judge Cowart
Facts:	The defendant was stopped for driving 105mph. The Trooper observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady on his feet as he walked to the rear of his car. The defendant was asked to perform a series of field sobriety tests and was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Nov 15, 2005	Case: 05-002010MM10A	Judge Cowart
Facts:	The defendant was stopped for driving 105mph. The Trooper observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady on his feet as he walked to the rear of his car. The defendant was asked to perform a series of field sobriety tests and was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Nov 14, 2005	Case: 05-016303TCAO4	Judge Damico
Facts:	The defendant was involved in a traffic crash after driving at a high rate of speed. The defendant ended up smashing into a median and then a tree. The air bags deployed and the vehicle was mangled. Paramedics and the police arrived on scene. The officer on scene noticed an odor of alcohol on the defendant, slurred speech, and he was completely unsteady. The paramedics put him on a stretcher due to his head injuries. In the ambulance, the officer asked the defendant for a blood sample since a breath test would have been impossible as the defendant was going to be transported to the hospital. The blood tests revealed a blood alcohol level of .26 which is over three times the legal limit. The defendant was not arrested until after the blood results came back from the lab.
Result:	The Judge agreed after reading the Statute and case law provided, granted the motion, and threw out the blood result.

Nov 14, 2005	Case: 286034-X	Judge Newman
Facts:	The defendant was stopped for driving at a high rate of speed and almost colliding with another vehicle. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he looked disoriented. He refused the roadside tests and breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Nov 14, 2005	Case: 05-016303TCAO4	Judge Damico
Facts:	The defendant was involved in a traffic crash after driving at a high rate of speed. The defendant ended up smashing into a median and then a tree. The air bags deployed and the vehicle was mangled. Paramedics and the police arrived on scene. The officer on scene noticed an odor of alcohol on the defendant, slurred speech, and he was completely unsteady. The paramedics put him on a stretcher due to his head injuries. In the ambulance, the officer asked the defendant for a blood sample since a breath test would have been impossible as the defendant was going to be transported to the hospital. The blood tests revealed a blood alcohol level of .26 which is over three times the legal limit. The defendant was not arrested until after the blood results came back from the lab.
Result:	The Judge agreed after reading the Statute and case law provided, granted the motion, and threw out the blood result.

Nov 14, 2005	Case: 286034-X	Judge Newman
Facts:	The defendant was stopped for driving at a high rate of speed and almost colliding with another vehicle. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he looked disoriented. He refused the roadside tests and breath test. This was the defendant's second offense.
Result:	The State dropped the DUI.

Nov 8, 2005	Case: 05-1140MM10A	Judge Zack
Facts:	The defendant was stopped for failing to maintain a single lane, not signaling, and making wide turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .157 in the breath machine after his arrest for DUI.
Result:	The Judge GRANTED the motion and threw out all the evidence in the case.

Nov 8, 2005	Case: 05-1140MM10A	Judge Zack
Facts:	The defendant was stopped for failing to maintain a single lane, not signaling, and making wide turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .157 in the breath machine after his arrest for DUI.
Result:	The Judge GRANTED the motion and threw out all the evidence in the case.

Nov 7, 2005	Case: 574171-X	Judge Ortiz
Facts:	The defendant was stopped for weaving. Once stopped , the officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant did not perform roadside tests stating he had too much to drink and then he refused the breath test.
Result:	The State dropped the DUI.

Nov 7, 2005	Case: 574171-X	Judge Ortiz
Facts:	The defendant was stopped for weaving. Once stopped , the officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant did not perform roadside tests stating he had too much to drink and then he refused the breath test.
Result:	The State dropped the DUI.

Nov 4, 2005	Case: 129409-J	Judge Gayles
Facts:	The defendant was stopped for speeding and weaving by FHP. Once stopped, the officer observed an odor of alcohol and staggering. The defendant allegedly performed poorly on roadside tests and blew a .159 in the breath machine.
Result:	The State dropped the DUI.

Nov 4, 2005	Case: 129409-J	Judge Gayles
Facts:	The defendant was stopped for speeding and weaving by FHP. Once stopped, the officer observed an odor of alcohol and staggering. The defendant allegedly performed poorly on roadside tests and blew a .159 in the breath machine.
Result:	The State dropped the DUI.

Oct 18, 2005	Case: 05-009285MMA	Judge Herr
Facts:	The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, he fumbled getting his driver's license paperwork, and had bloodshot eyes. Further, the defendant had urine on his crotch area and he admitted having a few drinks. He refused roadside testing and he also refused the breath test.
Result:	The State dropped the DUI.

Oct 18, 2005	Case: 05-009285MMA	Judge Herr
Facts:	The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, he fumbled getting his driver's license paperwork, and had bloodshot eyes. Further, the defendant had urine on his crotch area and he admitted having a few drinks. He refused roadside testing and he also refused the breath test.
Result:	The State dropped the DUI.