| Mar 2, 2011 | Case: 2010-CT-103186 | Judge Kelly |
| Facts: | The defendant was found by police passed out in his vehicle. The officer observed loud speech, bloodshot eyes, and an odor of alcohol. He was also leaning against the car for support and stated he had three beers. According to the officer, he performed poorly on the video taped roadside tests. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
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OUR RECENT VICTORIES
| Mar 1, 2011 | Case: 2010-MM-005497A | Judge Woodard |
| Facts: | The defendant was stopped for speeding. The officers observed an odor of alcohol, bloodshot eyes, and unsteadiness. They also noticed thick tongued speech and swaying. The defendant refused to do the roadside tests. After his arrest for DUI, he refused the breath test. | |
| Result: | On the day of jury trial, the State Dropped he DUI. | |
| Feb 28, 2011 | Case: 8184-XEE | Judge Krieger-Martin |
| Facts: | The defendant was stopped for making an improper turn by driving over the median. Officers observed an odor of alcohol, bloodshot eyes, and low speech. The defendant performed the roadside tests at the request of the officer. For example, on the finger to nose, he did not remove his finger from his nose and missed the tip of his nose. On the walk and turn, he paused to regain his balance and raised his arms for balance. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Feb 24, 2011 | Case: 10-CT-5376 | Judge Epperson |
| Facts: | The defendant was stopped by police after his wife called police that he was drunk and they had a verbal argument. The officer noticed an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Feb 24, 2011 | Case: 2010-MM-011381A | Judge Herr |
| Facts: | The defendant was found passed out in his car on the grass next to the roadway. The officer approached the car and ordered the defendant out of the car upon awaking him. The officer then noticed an odor of alcohol, thick tongued speech, a confused look, and he almost fell to the ground. The defendant could not perform the roadside tests due his intoxicated condition. He was arrested for DUI and then blew a .222 and .223 in the breath machine. | |
| Result: | The Judge Granted the motion and threw out all the evidence. The State then Dismissed the DUI. | |
| Feb 23, 2011 | Case: 09-007940MM10A (JURY TRIAL) | Judge Brown |
| Facts: | The defendant was stopped for driving at a high rate of speed and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the car, the defendant was uneasy on his feet, and used the car for support. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 23, 2011 | Case: 2010-CT-019242AXXX (JURY TRIAL) | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used the door for balance while exiting the car and was slow in his responses to the officer. He performed roadside tests at the request of the officer. For example, on the leg stand, he put his foot down and swayed. On the walk and turn, he missed heel to toe, stumbled on the turn, took an incorrect number of steps, and used his arms for balance. On the alphabet test, he mixed up all the letters after the letter "W". He was arrested for DUI and then refused the breath test. | |
| Result: | The Jury found the Defendant Not Guilty. | |
| Feb 22, 2011 | Case: 08-025738MM10A | Judge Brown |
| Facts: | The defendant was found passed out in his car by the police in a parking lot. The officers, upon waking up the defendant, noticed an odor of alcohol, watery eyes, and slow speech. The defendant stated he drank three mixed drinks. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .107 and .101 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 3, 2011 | Case: CT-000151-XEH | Judge Dominguez |
| Facts: | The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jan 31, 2011 | Case: 48-2009-CT-001342 | Judge Ansbro |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jan 24, 2011 | Case: 573896-X (JURY TRIAL) | Judge Gayles |
| Facts: | The defendant was stopped for driving with no headlights, speeding, and weaving two times. The officer who made the stop observed an odor of alcohol, slurred speech, red eyes, and a flushed face. He also observed the defendant to have very poor balance. In other words, according to the officer, the defendant could hardly stand up without the use of his van. He then called for a DUI officer who made somewhat similar observations. That officer conducted the HGN (eye test). It then started to rain heavily, so the the officers arrested the defendant for DUI. This was the defendant's FOURTH DUI. | |
| Result: | The Jury found the defendant Not Guilty in less than ten minutes. | |
| Jan 20, 2011 | Case: 08-3403MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI. | |
| Result: | Subsequent to losing the breath test evidence the State dropped the DUI. | |
| Jan 19, 2011 | Case: CT-10-5372ELASP | Judge Carballo |
| Facts: | The defendant was stopped as he drove around a police car almost striking that patrol car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The officer noticed swaying and stumbling. The defendant stated he had three beers. According to the officer, he failed the roadside tests which were video taped. For example, on the walk an turn, he used his arms for balance, stepped off the line, and did not touch heel to toe. On the one leg stand, he used his arms for balance and put his foot down. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 19, 2011 | Case: 10-CT-500193 (JURY TRIAL) | Judge Gonzalez |
| Facts: | The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests for the officer which were not video taped. For example, on the walk and turn, he fell backwards, did not touch heel to toe, and used his arms for balance. On the one leg stand, he put his foot down four times and swayed. The defendant was very argumentative with the arresting officer after his arrest for DUI. He then refused the breath test. | |
| Result: | The Jury found the Defendant Not Guilty in less than fifteen minutes. | |
| Jan 13, 2011 | Case: 2010-CT-010557AXXX (JURY TRIAL) | Judge Eissey |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slow, mumbled, slurred speech. The defendant first stated she had nothing to drink and then said she had one drink. She appeared sleepy to the officer and had comprehension problems. She performed roadside tests at the request of the officer on video tape. For example, on the walk and turn, she took an incorrect number of steps, did not count out loud, did not walk heel to toe, and stumbled. On the alphabet test, she stated it wrong before saying it the right way. On the finger to nose, she failed to touch the tip of her nose and did not remove her finger from her nose. On the one leg stand, she swayed and bent her leg. She was arrested for DUI and later refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty in less than fifteen minutes. | |
| Jan 9, 2011 | Case: CT-009453-XEF | Judge Lefler |
| Facts: | The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jan 8, 2011 | Case: CT-007655XEY | Judge Lefler |
| Facts: | The defendant was found passed out in his car in a parking lot. His friends had driven him there and he decided not to drive and just sleep it off. The officers noticed an odor of alcohol, bloodshot eyes, and swaying. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .191 and .189 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Dec 20, 2010 | Case: 48-2009-CT-012766-O | Judge Jewitt |
| Facts: | The defendant was stopped for a violation of right of way. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer's vague report, he failed the roadside tests. After his arrest for DUI, he blew .080 in the breath macine. | |
| Result: | The DUI was Dismissed. | |
| Dec 20, 2010 | Case: 48-09-CT-006660-O | Judge Shoemaker |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech and swaying. He performed poorly on the roadside tests and was arrested for DUI. The defendant then blew a .174 and .161 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Dec 17, 2010 | Case: 05-2010-CT-006300AXXX | Judge Atkin |
| Facts: | The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and dilated pupils. The defendant was also observed swaying. No roadside tests were conducted due to the defendant being transported to the hospital. Later on, the defendant was arrested for DUI and he refused to give a blood, breath or urine test. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
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