| May 4, 2006 | Case: 575297-X | Judge McWhorter |
| Facts: | The defendant was stopped for speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed all field sobriety tests and was arrested for DUI. He subsequently blew a .129 in the breath machine. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Apr 19, 2006 | Case: 03-024369MM10A | Judge Robinson |
| Facts: | The defendant was stopped for cutting off other vehicles and running into the curb. The officers noticed an odor of alcohol and that the defendant was off balance swaying from side to side. Inside the car was a six pack of Bacardi silver, an empty pint of vodka and an open container of vodka and orange juice. The defendant attempted the finger to nose test but could not stand without leaning against the car. The defendant was arrested for DUI. A urine sample revealed the presence of cocaine, hydrocodone and oxycodone. | |
| Result: | The motion was granted and the case was DISMISSED. | |
| Apr 17, 2006 | Case: 508468-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped by police for driving without her headlights. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. She was asked to perform field sobriety tests. For example, on the walk and turn, she missed heel to toe ten times and raised her arms for balance. On the one leg stand, she put her foot down four times and raised her arms for balance. The defendant refused the breath test. | |
| Result: | Based on the deposition transcript, the State dropped the DUI. | |
| Apr 13, 2006 | Case: 05-015472TCA08 | Judge Moyle |
| Facts: | The defendant was stopped at road block checkpoint. A caller had called 911 stating the defendant was driving all over the road. She identified the defendant at the checkpoint. The defendant appeared dazed, confused, and her speech was slurred. When the defendant exited the vehicle, she nearly fell. The defendant could not perform one roadside test to standards on video and appeared completely impaired. The defendant was arrested for DUI. She refused both a breath and urine test. This was the defendant's third offense for DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 12, 2006 | Case: 286741-X | Judge Lindsey |
| Facts: | The defendant was involved in a rear end traffic crash. The officer observed an odor of alcohol, slurred speech, and the defendant had urinated on himself. The defendant performed poorly on roadside tests and then refused the breath test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| Apr 12, 2006 | Case: 503772-W | Judge McWhorter |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadsides tests. For example, on the walk and turn, the defendant stepped off the line seven times. On the one leg stand, the defendant put her foot down seven times. After her arrest for DUI, the defendant blew a .151 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 12, 2006 | Case: 086817-J | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 4, 2006 | Case: 1316-EIV | Judge Bloom |
| Facts: | The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance. | |
| Result: | On the morning of trial, the State dropped the DUI. | |
| Apr 4, 2006 | Case: 05-017168MM10A | Judge Murphy |
| Facts: | The defendant was observed to be passed out in the middle of the intersection. The deputy noticed bloodshot eyes and a strong odor of alcohol. The defendant later admitted to driving. A DUI task force deputy was called to conduct field sobriety tests. On the walk and turn test the defendant missed heel to toe several times. On the finger to nose test the defendant failed to touch the tip of his nose and performed the wrong arm movement. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Apr 1, 2006 | Case: 04-016150MM10A | Judge Robinson |
| Facts: | The defendant was stopped at a DUI checkpoint. The task force deputy observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. After exiting the car the subject was swaying from side to side. The defendant failed all field sobriety tests and was arrested for DUI. | |
| Result: | The motion was granted and all of the evidence was thrown out. The State dropped the DUI. | |
| Mar 29, 2006 | Case: 05-018449MM10A | Judge Feiner |
| Facts: | The defendant was stopped for almost colliding with the center median two times. The deputy observed a strong odor of alcohol. bloodshot watery eyes and slurred speech. The defendant was unsteady exiting the car and was unsure where she was coming from. A DUI officer arrived and conducted a criminal investigation. He stated that the defendant appeared extremely unsteady on her feet and performed poorly on the field sobriety tests. He also stated that the defendant admitted to taking prescription medication for anxiety. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Mar 29, 2006 | Case: 05-002365MM10A | Judge Robinson |
| Facts: | The defendant was stopped for making an illegal u-turn almost striking the deputy. Upon contact, the deputy noticed an odor of alcohol, bloodshot eyes, and a flushed face. A DUI officer was then called to the scene. On the walk and turn test she failed to walk heel to toe and made an improper turn. On the finger to nose test, the defendant left her finger on her nose contrary to instructions. She was arrested for DUI and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 27, 2006 | Case: 2006-CT-872-0 | Judge Shoemaker |
| Facts: | The defendant was stopped for weaving, speeding, and running a red light. The State Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant staggered and swayed once he was outside of his vehicle. The defendant refused both the roadside tests and the breath test. This was the defendant's second offense. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Mar 23, 2006 | Case: 05-002270MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI and Open Container charges. | |
| Mar 17, 2006 | Case: 05-11672MM10A | Judge Gehl |
| Facts: | The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI. | |
| Result: | The Motion was granted, the DUI was DISMISSED. | |
| Mar 17, 2006 | Case: 412774-X | Judge Mills-Francis |
| Facts: | The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Mar 10, 2006 | Case: 550675-X | Judge Ortiz |
| Facts: | The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense. | |
| Result: | The DUI was dismissed. | |
| Mar 10, 2006 | Case: 06-CT-001228-XCA | Judge Ober |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 8, 2006 | Case: 06-3504-MMA | Judge Marblestone |
| Facts: | The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI. | |
| Result: | The State conceded the motion and DROPPED THE DUI. | |
| Mar 4, 2006 | Case: 04-11131MM10A | Judge Gehl |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI. | |
| Result: | After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI. | |
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