| Nov 1, 2010 | Case: 09-023257MM10A | Judge Seidman |
| Facts: | The defendant was allegedly the "at fault" driver in a 5 car accident. The defendant was accused of hitting a series of vehicles which were stopped at a red light. Both fire rescue and officers noticed a strong odor of alcohol. In addition, they observed slurred speech and the defendant appeared drowsy. She was subsequently taken to the hospital. The defendant was read her Miranda rights and she stated that she didn't recall being involved in an accident. She then stated that she consumed maker's mark as well as some frozen drinks. The officer stated that he could not determine the defendant's address due to the high level of impairment. The defendant subsequently consented to a blood draw. The result was allegedly a .09 blood alcohol level. | |
| Result: | The State dropped the DUI after the above hearing. | |
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OUR RECENT VICTORIES
| Nov 1, 2010 | Case: 2009-CT-003603 | Judge Steele |
| Facts: | The defendant was stopped for weaving all over the road as observed by the police and other drivers. The officer noticed a very mild odor of alcohol, she leaned against the car for support, and almost fell over to the ground. Her eyes were glassy and she had slurred/mumbled speech. The defendant started to perform the roadside tests but almost fell over and they were stopped for her safety. She was arrested for DUI. The officers believed she was impaired by a chemical and/or controlled substance, not alcohol. | |
| Result: | The DUI was Dismissed. | |
| Oct 29, 2010 | Case: 2010-CT-012438AMB | Judge Moyle |
| Facts: | The defendant was stopped by police as he drove into a crash scene involving a fatality. The officers observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. A flask was spotted in the car along with a Jack Daniels glass bottle. After performing roadside tests not up to the standards of the officer, he was arrested for DUI. He later refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 29, 2010 | Case: 10-504609CT | Judge Adams |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and a flushed face. According to the officer, he performed poorly on the roadside tests. He also vomited three times. He was arrested for DUI and blew a .105 and .095 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Oct 27, 2010 | Case: CT-OO9044-XEF | Judge Courtney |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol and glassy eyes. The defendant performed the roadside tests at the request of the officer which were video taped by the officer's in car camera. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the walk and turn test, she did not touch heel to toe, stepped off the line, and took an incorrect number of steps. She was then arrested for DUI. | |
| Result: | Prior to any motion being argued, the State Dropped the DUI. | |
| Oct 27, 2010 | Case: CT-001467-XDY | Judge Courtney |
| Facts: | The defendant was stopped for being passed out in the driver's seat at a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he leaned against his car for balance. He refused all roadside tests and was arrested for DUI. This was the defendant's second DUI arrest. | |
| Result: | The State Dropped the DUI. | |
| Oct 27, 2010 | Case: CT-008736-XEF | Judge Courtney |
| Facts: | The defendant was stopped for running a stop sign and weaving. The officer noticed an odor of alcohol, he admitted drinking wine, and watery eyes. The officer wrote in his report the defendant nearly fell, swayed as he stood, and stumbled. The defendant performed the roadside tests at the request of the officer on video tape. After doing them, he was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2010 | Case: CT-008894-XEF | Judge Courtney |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. On the walk and turn test, she did not touch heel to toe and stepped off the line. On the one leg stand tests, she swayed. She was then arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 25, 2010 | Case: 8077-XEE | Judge Krieger-Martin |
| Facts: | The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Oct 25, 2010 | Case: 4627-XDY | Judge Seff |
| Facts: | The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| 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. | |
| 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. | |
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