| Oct 20, 2010 | Case: 2010-MM-00167-A-P | Judge Ptomey |
| Facts: | The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused. | |
| Result: | The State Dropped the DUI. | |
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OUR RECENT VICTORIES
| Oct 19, 2010 | Case: CT-002456-GKB | Judge Lefler |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot/watery eyes. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she failed to maintain her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she swayed, put her foot down, and used her arms for balance. She was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Oct 19, 2010 | Case: 08-026650MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The Judge Granted the motion to suppress and threw out all the evidence. The DUI was then Dismissed. | |
| Oct 14, 2010 | Case: CT-003361-XDY | Judge Thomas |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and red eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe, used his arms for balance, and was very off balance walking. On the one leg stand, he put his foot down numerous times and could not do the test. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 14, 2010 | Case: 3885-FXE | Judge Seraphin |
| Facts: | The defendant was stopped for weaving and driving to slow. The defendant had slow reactions, slurred speech, and a flushed face. The defendant performed very poorly on the roadside tests and was arrested for DUI. The officers concluded was impaired by a chemical and/or controlled substance as no alcohol was detected. Urine was requested and the defendant tested positive for Ambien. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2010 | Case: CT-001819-XEJ | Judge Mcneil |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking. Prior to offering the roadside tests, the defendant stated numerous times he had ankle injuries and could not do the walk and turn and one leg stand. The officer never offered non physical exercises like the alphabet or count backwards tests and just arrested the defendant for DUI. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2010 | Case: 2010-CM-010198 | Judge Mcneil |
| Facts: | The defendant was found by the police passed out in his car with the engine running in a parking lot. The officer observed an odor of alcohol, glassy eyes, and an inability to follow instructions. He also was cursing at the officer. He refused the roadside tests and was arrested for DUI. The defendant then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2010 | Case: 08-021994MM10A | Judge Brown |
| Facts: | The defendant was stopped for weaving all over the road whereby other vehicles had to take evasive action to avoid being struck. Upon making contact with the defendant, the initial officer observed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The DUI task force was called to the scene. The task force officer stated that in addition to the first officer's observations, he observed a flushed face and eyelid tremors. He asked the defendant to perform several field sobriety tests. After the tests, the defendant was arrested for DUI. The defendant blew a .107 in the intoxilyzer. | |
| Result: | The Court agreed and excluded the breath test from evidence. The State subsequently dropped the DUI. | |
| Oct 6, 2010 | Case: 08-27790MM10A | Judge Seidman |
| Facts: | The defendant was stopped for weaving and hitting a curb. The officer observed and odor of alcohol, slurred speech, and glassy eyes. He used the door for support and had trouble balancing himself while outside the car. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he missed heel to toe, lost his balance, and used his arms for balance. He then blew a .146 and .138 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Oct 3, 2010 | Case: 5108-XDY | Judge Fernandez |
| Facts: | The defendant was stopped after almost colliding with a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant had a bleeding nose with lacerations as he had been bitten by his dog. He had to be taken to the hospital. A breath test was impractical so two separate blood draws were done on the defendant. One was for drugs and the other was for alcohol. Two separate people drew the blood. Once the alcohol came back with a blood alcohol content of .297, he was later arrested and charged with DUI. | |
| Result: | The State Dismissed the DUI. | |
| Oct 2, 2010 | Case: CT-OO749-XAM | Judge Courtney |
| Facts: | The defendant was stopped for weaving. After being pulled over, the defendant stated she was distracted. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. She then performed the field sobriety tests which were video taped. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 2, 2010 | Case: 2009-CT-006803AXXX | Judge Cox |
| Facts: | The defendant was involved in a traffic crash whereby he lost control of his vehicle, hit a cement barrier wall, then struck a guardrail. The defendant was immediately taken to the hospital by fire rescue. The trooper met the defendant at the hospital where she noticed and odor of alcohol, flushed face, and watery eyes. The trooper then ordered blood be taken from the defendant since he was not able to give a breath test. The blood results revealed a blood alcohol content of .118. The defendant was later arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 29, 2010 | Case: 2010-CT-011322-O | Judge Jewitt |
| Facts: | The defendant was stopped due to the defendant being in a hit and run accident. The officer observed the defendant fumble with her paperwork, slurred speech, and she stated she took medications for being bi-polar. She also appeared to doze off at times. She performed very poorly on the roadside tests and was arrested for DUI. The officer concluded she was impaired by a chemical or controlled substance and requested a urine test. | |
| Result: | The State Dropped the DUI. | |
| Sep 27, 2010 | Case: 2010-CT-003638AXXX | Judge Cox |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and flushed face. He was also unsteady getting out of the car. He refused roadsides on video. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 20, 2010 | Case: 8905-XCM | Judge Schwartz |
| Facts: | The defendant was stopped for speeding. The officer observed and odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. She performed terribly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 16, 2010 | Case: CT-OO9054-XEF | Judge Courtney |
| Facts: | The defendant was stopped for not stopping at a stop sign while making a turn. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a "corona bomb" and a shot of Bacardi one lime. She stated she felt the effects of the alcohol a little. According to the officer's reports, she performed poorly on the roadside tests which were video taped. After her arrest for DUI, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 16, 2010 | Case: CT-008674-XEF | Judge Jeske |
| Facts: | The defendant was stopped for obstructing traffic at an intersection. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed field sobriety tests at the request of the officer. On the walk and turn, he took too many steps and on the one leg stand, he put his foot down. On the count backwards test he mixed up all the numbers and on the alphabet mixed up many letters. He was then arrested for DUI. All of which was video taped. He refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 15, 2010 | Case: 2010-CT-007722AXXX (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for weaving in and out of his lane at least eight times. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a dazed look. The officer also testified that the defendant was off balance, uneasy, and uncooperative. The defendant refused the roadside tests and was arrested for DUI. There was a video tape at the scene. After his arrest, he agreed to give a breath sample. However, on video at the breath testing facility, they stated he was playing games and they could not get two valid readings so the police called it a refusal. It should be noted, the State did get one valid reading and it was .192, which was not introduced into evidence. This was the defendant's second DUI within the last five years. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Sep 12, 2010 | Case: 2518-XDP (JURY TRIAL) | Judge Krieger-Martin |
| Facts: | The defendant was stopped for making an illegal right on red. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests. For example, on the walk and turn, he stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand, he put his foot down four times and raised his arms for balance. He was arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 11, 2010 | Case: CT-OO9808-GKF | Judge Jeske |
| Facts: | The defendant was stopped by the police based on a call about a reckless driver. Once stopped by police, the officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
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