| Jul 16, 2010 | Case: 2010-CT-5513AXXX | Judge Evans |
| Facts: | The defendant was stopped during a DUI saturation. The officer who made the stop observed the defendant weaving all over the roadway. The officer observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer arrived and observed the same DUI observations plus slurred speech and short abrupt sentences. He then had the defendant perform roadsides on video tape. According to the officer, he failed and was arrested for DUI. For example, the officer wrote that defendant messed up the alphabet, counted wrong on the one leg stand, and did the finger to nose wrong. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
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OUR RECENT VICTORIES
| Jul 15, 2010 | Case: CT-007568-XEF | Judge Lefler |
| Facts: | The defendant was stopped for driving the wrong way down a one way street towards a police officer. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. He also had a wrist band on from a bar. According to the officer, he failed the field sobriety tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 14, 2010 | Case: 10-000675MM10A | Judge Lazarus |
| Facts: | The defendant was originally seen weaving in and out of heavy traffic. The officer observed him driving in a serpentine manner causing several vehicles to brake. The defendant was pulled over for an improper lane change. The officer initially observed a strong odor of alcohol as well as bloodshot eyes. The defendant was unsteady upon exiting the car and subsequently urinated on himself. Upon walking to the back of the car the defendant appeared to be wobbling. After a brief attempt to perform field sobriety tests at the scene it was determined that for his safety they would be discontinued. He was arrested for DUI. At the police station, and on video, the defendant did perform the finger to nose, walk and turn as well as the stand and balance exercise. On video he looked and sounded visibly intoxicated. This was the defendant's 3rd DUI. | |
| Result: | The motion was granted. All of the evidence was excluded. The State dropped the DUI. | |
| Jul 12, 2010 | Case: CT-008452-XCF | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 12, 2010 | Case: 09-013874MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 30, 2010 | Case: 2009-CT-0065242AMB | Judge Bonavita |
| Facts: | The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she failed the roadside tests which were video taped. For example, on the walk and turn, she did not touch heel to toe and did not count aloud. On the finger to nose, she missed the tip of her nose. After her arrest for DUI, she blew a .119 and .115 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 28, 2010 | Case: 488341-X | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. They also observed empty beer bottles in the car. She performed poorly on the roadside tests. For example, on the walk and turn, she stepped off the line, paused to regain her balance, and raised her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and blew a .129 and .125 in the breath machine. | |
| Result: | The State Dismissed the DUI on the morning of trial. | |
| Jun 25, 2010 | Case: 2010-CT-20874 | Judge Atkin |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He admitted to having a couple of drinks. According to the officer, he performed poorly on the field sobriety tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn, he lost his balance and did not touch heel to toe. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jun 22, 2010 | Case: 7496-GGW | Judge Huey |
| Facts: | The defendant was stopped for running a red light and straddling the lane markers. The officer noticed glassy eyes, fumbling with his documents, and difficulty with depth perception. He also noticed the defendant had unusual movements and was very animated. The defendant performed the roadside tests and according to the officer he failed everyone of them. He was arrested for DUI on the probable cause that he was impaired by a chemical and/or controlled substance. | |
| Result: | The State Dismissed the DUI. | |
| Jun 21, 2010 | Case: 1402-XED | Judge Ortiz |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer who arrived first observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance. He performed very poorly on the roadside tests. For example, on the one leg stand test, he put his foot down and swayed. On the walk and turn test, he stepped off the line, lost his balance, and did not touch heel to toe. He was arrested for DUI and then blew a .277 and .269 in the breath machine. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Jun 15, 2010 | Case: 08-026630MM10A | Judge Murphy |
| Facts: | The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 14, 2010 | Case: 09-022623MM10A (JURY TRIAL) | Judge Ireland |
| Facts: | The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 14, 2010 | Case: 5064-XDY (JURY TRIAL) | Judge Ortiz |
| Facts: | The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI. | |
| Result: | In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI. | |
| Jun 12, 2010 | Case: 48-2009-CT-000771-E | Judge Allen |
| Facts: | The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine. | |
| Result: | On the morning of trial, the DUI was Dismissed. | |
| Jun 12, 2010 | Case: 48-2009-CT-006663-O | Judge Shoemaker |
| Facts: | The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test. | |
| Result: | On the morning of trial, the DUI was Dismissed. | |
| Jun 12, 2010 | Case: 09-003338MM10A | Judge Seidman |
| Facts: | The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 7, 2010 | Case: CT-005923-XEC | Judge Huey |
| Facts: | The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI. | |
| Result: | The State Dropped the DUI. | |
| May 26, 2010 | Case: 09-015087MM10A | Judge Murphy |
| Facts: | The defendant hit a parked car in a parking lot. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking. On the one leg stand test, the defendant could only hold his foot up for 4 seconds then could not complete the task. On the finger to nose test, the defendant missed his nose and used the wrong hand. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 26, 2010 | Case: 09-3124MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant was stopped for speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The officer who responded observed the same as above plus a flushed face, stumbling, and the defendant holding the car door for support. The defendant refused to perform the roadsides. He was arrested for DUI and then refused the breath test. This was the defendant's fourth DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. It should be noted, the firm won the defendant's third DUI arrest for DUI at a jury trial also. | |
| May 20, 2010 | Case: CT-001285-XDY | Judge Thomas |
| Facts: | The defendant crashed his car into a telephone pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. He was slow to respond to the officers' commands and had glassy/droopy eyes. He refused to do the roadside tests and then refused the breath test. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
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