| Jan 3, 2010 | Case: 5112-XED | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking beer. The defendant did not perform the roadside tests to standards and was arrested for DUI. After his arrest, the police also found marijuana on the defendant. He then blew a .176 in the breath machine. | |
| Result: | The State Dismissed the DUI. | |
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OUR RECENT VICTORIES
| Jan 3, 2010 | Case: 2554-XED | Judge Seraphin |
| Facts: | The defendant was stopped for driving in the wrong direction. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also admitted to drinking wine. On the one leg stand test, he put his foot down more than three times and the test was stopped. On the walk and turn, he stepped off the line, did not touch heel to toe, and lost his balance. He was arrested for DUI and blew a .236 and a .236 in the breath machine. | |
| Result: | The DUI was Dismissed on Speedy Trial grounds. | |
| Jan 3, 2010 | Case: 7828-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and he admitted to drinking. The defendant stumbled upon exiting the car. Due to "safety" concerns, the roadsides were done at the station to which the defendant performed poorly due to his level of intoxication. The defendant blew a .248 in the breath machine. | |
| Result: | The DUI was Dismissed on the morning of trial. | |
| Jan 2, 2010 | Case: 1760-XAC | Judge Miranda |
| Facts: | The defendant was involved in a rear end collision which he was not at fault. When the officer arrived, he observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant stated he had been drinking that night. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn test, the defendant used his arms for balance, took the incorrect number of steps, and started to early. The defendant was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Dec 16, 2009 | Case: 2009-CT-013048AXXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped after locking up his brakes and skidding into an intersection at a red light. The officer noticed an odor of alcohol, slurred speech, and a heavy Spanish accent. The defendant performed the roadside tests. For example, on the walk and turn, he took twelve steps instead of nine and turned incorrectly. On the one leg stand, he put his foot down and swayed. The defendant spoke very little English and no Spanish speaking officer was called to the scene. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Dec 10, 2009 | Case: CT-000327-XCM | Judge Lefler |
| Facts: | The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal. | |
| Result: | The State Dropped the DUI. | |
| Dec 6, 2009 | Case: 2008-CT-029970AXX | Judge Bonavita |
| Facts: | The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused. | |
| Result: | The State Dropped the DUI. | |
| Dec 2, 2009 | Case: 08-002892-CTMA | Judge Tinlin |
| Facts: | The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Dec 1, 2009 | Case: 2008CT023772AXXMA | Judge Shore |
| Facts: | The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 1, 2009 | Case: 6025-XDX | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Dec 1, 2009 | Case: 9154-XEC | Judge Bloom |
| Facts: | The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine. | |
| Result: | Just prior the motion hearing, the State dropped the DUI. | |
| Dec 1, 2009 | Case: 04-6164MM10A | Judge Diaz |
| Facts: | The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine. | |
| Result: | On the morning of trial, the State dropped the DUI. | |
| Nov 30, 2009 | Case: 09-CT-000026AXXXMA | Judge Tanner |
| Facts: | The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine. | |
| Result: | The State Dropped the DUI prior to the motions being heard. | |
| Nov 30, 2009 | Case: 2009-CT-003826 | Judge Epperson |
| Facts: | The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine. | |
| Result: | The State agreed with the motions and Dropped the DUI. | |
| Nov 18, 2009 | Case: CT-003142-FTB | Judge Dominguez |
| Facts: | The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Nov 13, 2009 | Case: CT-006378-XAM | Judge Lefler |
| Facts: | The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 9, 2009 | Case: 08-014310MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine. | |
| Result: | The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI. | |
| Nov 6, 2009 | Case: 08-7749MM10A | Judge Cowart |
| Facts: | The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene. | |
| Result: | The State dropped the DUI. | |
| Nov 6, 2009 | Case: 08-012530MM10A | Judge Ireland |
| Facts: | The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI. | |
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