DUI Wins

Nov 1, 2012	Case: 48-2011-CT-006718-AOX (JURY TRIAL)	Judge Bigney
Facts:	The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine.
Defense:	At jury trial, the defense pointed out to the jury that the breath test machine in question failed an inspection around the time frame that the defendant submitted to the breath test. The defense also argued that he was not in actual physical control of the vehicle since he had no capability to operate it while sleeping. Furthermore, the defense, through cross examination, showed the jury that the arresting officer was not credible.
Result:	In the middle of Jury Trial, the State Dropped the DUI.

Nov 1, 2012	Case: CT-004754-XEP	Judge Myers
Facts:	The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI.
Result:	Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI.

Nov 1, 2012	Case: 7194-XEJ	Judge Denaro
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Nov 1, 2012	Case: 48-2011-CT-006718-AOX (JURY TRIAL)	Judge Bigney
Facts:	The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine.
Defense:	At jury trial, the defense pointed out to the jury that the breath test machine in question failed an inspection around the time frame that the defendant submitted to the breath test. The defense also argued that he was not in actual physical control of the vehicle since he had no capability to operate it while sleeping. Furthermore, the defense, through cross examination, showed the jury that the arresting officer was not credible.
Result:	In the middle of Jury Trial, the State Dropped the DUI.

Oct 26, 2012	Case: 8298-XEJ	Judge Wolfson
Facts:	The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 26, 2012	Case: 8298-XEJ	Judge Wolfson
Facts:	The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Oct 26, 2012	Case: 8298-XEJ	Judge Wolfson
Facts:	The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 26, 2012	Case: 8298-XEJ	Judge Wolfson
Facts:	The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Oct 25, 2012	Case: 9662-XEX	Judge Denaro
Facts:	The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 25, 2012	Case: 9662-XEX	Judge Denaro
Facts:	The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Oct 25, 2012	Case: 9662-XEX	Judge Denaro
Facts:	The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 25, 2012	Case: 9662-XEX	Judge Denaro
Facts:	The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Oct 24, 2012	Case: CT-005210-XEP	Judge Myers
Facts:	The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 24, 2012	Case: CT-005210-XEP	Judge Myers
Facts:	The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the defendant was not involved in any crash as the DUI ticket stated no crash and that he was never arrested for any hit and run. In addition, we pointed out that even thought the arresting officer had a working video camera in his car, the whole DUI investigation was not captured on tape. One could only see the defendant after he was arrested for DUI and at no other time.
Result:	The State Dropped the DUI.

Oct 24, 2012	Case: CT-005210-XEP	Judge Myers
Facts:	The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Oct 24, 2012	Case: CT-005210-XEP	Judge Myers
Facts:	The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the defendant was not involved in any crash as the DUI ticket stated no crash and that he was never arrested for any hit and run. In addition, we pointed out that even thought the arresting officer had a working video camera in his car, the whole DUI investigation was not captured on tape. One could only see the defendant after he was arrested for DUI and at no other time.
Result:	The State Dropped the DUI.

Oct 18, 2012	Case: 8744-XEX	Judge Newman
Facts:	The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Result:	The State Dropped the DUI.

Oct 18, 2012	Case: 8744-XEX	Judge Newman
Facts:	The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Oct 18, 2012	Case: 8744-XEX	Judge Newman
Facts:	The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Result:	The State Dropped the DUI.

Oct 18, 2012	Case: 8744-XEX	Judge Newman
Facts:	The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.