| May 29, 2012 | Case: 2011-CT-006104-XFA | Judge Weis |
| Facts: | The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a.158 and .164 in the breath machine | |
| Defense: | Parks & Braxton pointed out to the State that the majority of the driving pattern on video tape showed no erratic driving. Also, the machine the defendant blew into had prior maintenance problems. Further, we pointed out to the State that the defendant's medical diabetic condition that he was suffering from at the scene could have enhanced the breath test readings. | |
| Result: | The State Dropped the DUI. | |
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OUR RECENT VICTORIES
| May 29, 2012 | Case: CT-006104-XFA | Judge Weis |
| Facts: | The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a .158 and .164 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: 2011-CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial contact with the defendant. In our motion, we alleged that the officer gave numerous commands (ie. shows of authority) to the defendant without probable cause or reasonable suspicion of a crime. Also, the video contradicted the officer's reports of his observations of the defendant's roadsides, speech pattern, and movements. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 22, 2012 | Case: 8374-XEE | Judge Miranda |
| Facts: | The defendant was stopped for speeding and driving in the wrong lane of travel. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he had four drinks. According to the officer's reports, he performed poorly on the roadside tests and was arrested for DUI. He then blew a .125 and .122 in the breath machine after his arrest. | |
| Result: | The State Dropped the DUI. | |
| May 22, 2012 | Case: 2011-MM-00922-A-M | Judge Becker |
| Facts: | The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana. | |
| Result: | The State Dropped the DUI and dismissed the possession of marijuana charge. | |
| May 21, 2012 | Case: 2012-CT-678-A-O | Judge Bell |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | Parks & Braxton were prepared and ready for trial. The video contradicted the officer's reports as to the defendant's performance on the field sobriety tests. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| May 17, 2012 | Case: CTC-11-5072XBNANC | Judge Vaccaro |
| Facts: | The defendant was stopped for speeding in a work zone. The officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was very off balance. She refused to participate in field sobriety exercises and was arrested for DUI. She then refused the breath test. This was the defendant's Third DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation gathering evidence from the jail booking area which showed the defendant being tased for no reason, strapped into a chair, and thrown into a locked room. This corroborated her story that the officers were very aggressive towards her during the entire DUI investigation. We showed this to the State the before the trial date along with pictures of the defendant's injuries caused by being tased. | |
| Result: | On the morning of Jury Trial, the State dropped the DUI. | |
| May 16, 2012 | Case: 59-2011-MM-012626AXXX | Judge Schott |
| Facts: | The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton filed a motion to suppress the initial contact between the officer and the defendant. In our our motion, we alleged that the officer's initial use of her emergency lights constituted an unlawful seizure. | |
| Result: | Based upon the motion, the State Dropped the DUI. | |
| May 16, 2012 | Case: 59-2011-MM-012626A | Judge Schott |
| Facts: | The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | Based upon the motion, the State Dropped the DUI. | |
| May 15, 2012 | Case: 05-2011-CT-050106-AXXX | Judge Baker |
| Facts: | The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| May 6, 2012 | Case: 7457-XEE | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, mush mouthed speech, and a blank "1000 yard" stare. The defendant stumbled and used the door for support. He performed poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .149 and .132 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 27, 2012 | Case: 2011-CT-036472AXXX | Judge Damico |
| Facts: | The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 19, 2012 | Case: 10-012936MM10A | Judge Solomon |
| Facts: | The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 18, 2012 | Case: 48-2012-CT-001373-O | Judge Clark |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine. | |
| Result: | On the morning of trial the State Dropped the DUI. | |
| Apr 18, 2012 | Case: 05-2010-CT-053446AXXX | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 17, 2012 | Case: 10-004500MM10A | Judge Lerner-Wren |
| Facts: | The defendant was pulled over for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant exhibited slow and lethargic movements and could not seem to put the car in park. The defendant was asked to exit the car for purposes of a DUI investigation. The defendant stated over and over "I do not want to do this" and refused the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Apr 16, 2012 | Case: 7164-XEX | Judge Ortiz |
| Facts: | The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI. | |
| Apr 3, 2012 | Case: CT-7276-GWJ | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired on the video tape. | |
| Result: | The DUI was Dismissed. | |
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