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DUI Wins

Our Recent DUI Victories

The following is a list of the firm's most recent DUI wins.
Parks & Braxton provides the case number, the judge's name, as well as the date the DUI was won for authenticity purposes.
Sep 7, 2007 Case: 291603-X Judge Bloom
The defendant was stopped for making an illegal left turn. The officers noticed an odor of alcohol, slurred speech, and the defendant leaned on his car for balance. On the walk and turn test, the defendant stepped off the line and raised his arms for balance. On the one leg stand test, the defendant put his foot down four times. The defendant refused the breath test after his arrest for DUI.
On the morning of jury trial, the State DROPPED the DUI.
Sep 7, 2007 Case: 9958-EGB Judge Mills-Francis
The defendant was stopped for running a red light. The officer's noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. The officer's concluded the defendant was impaired by some type of drug, not alcohol, after the investigation was completed. A DRE exam was conducted by a Drug Recognition Expert (DRE) who concluded that the defendant was impaired by a Central Nervous System (CNS) Stimulant and/or Depressant.
The DUI was dismissed.
Sep 5, 2007 Case: 05-024116MM10A Judge Pollack
The defendant was stopped for weaving on the roadway and following too closely. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant performed and failed the field sobriety tests on video. He was subsequently arrested for DUI. At the breath testing facility he blew a .095.
The motion to exclude the field sobriety tests was granted. It should be noted that the officer in this case transferred to a different department outside of the county. He traveled to this jurisdiction for three of the firms cases. The firm successfully defended all three cases.
Sep 5, 2007 Case: 06-CT-035100ASB Judge Damico
The defendant was involved in a rear-end crash. The officers observed an odor of alcohol, very slurred speech, slow dexterity, and poor balance. The defendant could not even answer basic questions. The defendant performed poorly on roadside tests as she could not even follow any instructions that were given by the officer. After her arrest for DUI, she blew a .265 in the breath machine.
Due to the officer's lack of credibility stemming from this investigation, the State DISMISSED THE DUI CHARGES.
Sep 4, 2007 Case: 489198-X Judge Miranda
The defendant was stopped by police after she fled the scene of a traffic crash. Once the officer's stopped her car, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking vodka and red bull. She performed poorly on roadside tests. For example, on the one leg stand, she put her foot down numerous times and on the walk and turn, she stepped off the line, missed heel to toe every time, and took an incorrect number of steps. After the arrest for DUI, she refused the breath test. The defendant was also charged with leaving the scene of an accident.
On the morning of trial, the DUI was DISMISSED.
Sep 3, 2007 Case: 48-1993-CT-097155-0 Judge Ansbro
The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech and swaying. He failed all roadside tests. For example, on the walk and turn, he stepped off the line numerous times and could not even do the one leg stand without almost falling over. The defendant refused the breath test.
THE STATE DISMISSED THE DUI.
Aug 30, 2007 Case: 03-4306CTMA Judge Hauversburk
The defendant was stopped for continuously weaving. The defendant did not stop for over a mile when the officer turned on his lights. The officer observed an odor of alcohol, bloodshot eyes, and he was slow getting out of the car. The defendant performed poorly on roadside tasks which were not video taped. For example, on the one leg stand, he put his foot down and stated he could not do it. On the walk and turn, he used his arms for balance and stepped off the line numerous times. The defendant also stated he had a few beers. Furthermore, he could not say the alphabet properly during that test. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Aug 29, 2007 Case: 07-005710MM10A Judge Cowart
The defendant was stopped for speeding. The officers observed a strong odor of alcohol and bloodshot eyes. The defendant performed the eye test (HGN), one leg stand, walk and turn, finger to nose and rhomberg balance test. On video he failed each of the sobriety tests and was arrested for DUI. He blew a .147 in the breath machine.
Motion granted. All field sobriety tests are excluded.
Aug 27, 2007 Case: 286568-X Judge Miranda
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line five times, did not touch heel to toe, and paused to regain his balance. On the one leg stand exercise, he put his foot down five times and swayed. After his arrest for DUI, he refused the breath test.
The DUI was DISMISSED on Statute of Limitations Grounds.
Aug 27, 2007 Case: 6367-XDL Judge Newman
The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred sepeech, and the defendant layed back in his car and fell asleep while talking to the officer. The defendant performed poorly on roadside tests and then refused the breath test.
THE DUI WAS DISMISSED due to the discovery violations by the State.
Aug 27, 2007 Case: 07-CT-004065-XAM Judge Lefler
The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. Also, there were empty beer cans in the defendant's car. The defendant refused all roadside tests and the breath test.
The State dropped the DUI.
Aug 27, 2007 Case: 07-CT-3082-XCM Judge Rice
The defendant was stopped for touching the lane markers two times which was captured on video over a lengthy time period. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She performed very poorly on roadside tests which were also captured on tape. The defendant blew a .142 in the breath machine after her arrest for DUI.
THE JUDGE GRANTED THE MOTION AND THE DUI WAS DISMISSED.
Aug 20, 2007 Case: 07-CT-008578ASB Judge Eissey
The defendant was found in his car with a broken bumper and a torn off tire. The officer observed an odor of alcohol, slurred speech, and he appeared to be confused. The defendant stated he hit a curb while making a U-turn. He then performed poorly on roadside tests at the scene which were NOT video taped. He refused the breath test after his arrest for DUI.
Based on the specific facts presented at the hearing, the JUDGE GRANTED THE MOTION TO DISMISS THE DUI.
Aug 14, 2007 Case: CT-008726-XDK Judge Conrad
The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and swaying. The defendant performed the roadside tests on video. On the walk an turn test, he lost his balance during the instructions, did not touch heel to toe, and turned improperly. On the one leg stand test, the defendant swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .138 in the breath machine.
The State dropped the DUI.
Aug 13, 2007 Case: 06-018256MM10A Judge Murphy
The defendant was stopped for running a red light. The deputy stated that the defendant failed to pull over for several blocks. The deputy observed a strong odor of alcohol, bloodshot eyes and a flushed face. A DUI task force officer arrived to conduct the investigation. On the eye test (HGN), the defendant exhibited signs of impairment indicating that he was above the legal limit. After performing the one leg stand as well as the walk and turn test he was arrested for DUI. He blew a .107 in the breath machine.
The State dropped the DUI on the morning of trial.
Aug 13, 2007 Case: 06-CT-5861-XDN Judge Courtney
The defendant was stopped for making a wide left turn, weaving, and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant didn't touch heel to toe, stepped off the line, and made an improper turn. After his arrest for DUI, he refused the breath test. The entire incident was captured on video on tape.
On the morning of trial, the State DROPPED THE DUI.
Aug 10, 2007 Case: 03-029662MM10A Judge Ireland
The defendant was stopped for weaving and driving off the road onto the grass. The officer observed dried vomit on the outside of the vehicle. In addition, the officer noticed an odor of alcohol, bloodshot eyes, as well as a beer on the center console. The defendant performed the field sobriety tests and was arrested for DUI. He later blew a .113 in the breath machine.
The motion was granted and the DUI was dropped.
Aug 10, 2007 Case: 07-CT-002612-XCM Judge Lefler
The defendant was stopped for speeding and slightly drifting over to the center lane marker. The officer observed an odor of alcohol and bloodshot/watery eyes. The defendant performed the walk and turn, one leg stand, and finger to nose tests on video tape at the scene. The officer concluded she was impaired and arrested her for DUI. She then refused the breath test.
On the morning of Jury Trial, the STATE DROPPED THE DUI.
Aug 5, 2007 Case: 2006CT2441A1 Judge Aikens
The defendant was stopped for almost crashing into the side of a vehicle and drifting all over the road. The officer observed a strong odor of alcohol, bloodshot eyes, and extremely slurred speech. In addition, the defendant was fumbling through her purse while looking for her license. During the field sobriety tests she actually fell down. She was subsequently arrested for DUI, and blew a .247 in the breath machine.
The Court granted the motion to suppress the field sobriety tests and has yet to rule on the breath motion.
Aug 1, 2007 Case: 038142-J Judge Krieger-Martin
The defendant was stopped for failing to maintain a single lane. The officer who made the stop, observed an odor of alcohol, slurred speech, and saw the defendant grab the door for support upon exiting the car. A DUI officer was called who gave the defendant field sobriety exercises. The defendant performed poorly and was arrested for DUI. Subsequent to the DUI arrest, the defendant blew a .110 in the breath machine.
The State dropped the DUI.
Jul 30, 2007 Case: 06-015523MM10A (JURY TRIAL) Judge Berman
The defendant was stopped for driving without headlights, going 90-100 miles per hour, and cutting off two cars. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. Upon exiting the car, the defendant used the car for support. The defendant allegedly stated he "was drunk" to the cop. The defendant refused to do the roadside tests and subsequently refused the breath test after his arrest for DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jul 30, 2007 Case: 1554-XDK Judge Ortiz
The defendant was stopped for failing to maintain a single lane. The officer alleged in his report that the defendant was swerving several times. Once stopped, the initial officer observed an odor of alcohol and red eyes. He then called for a DUI investigator who made the similar observations plus slurred speech, a flushed face, and unsteadiness. The defendant stated he drank a few beers. He performed poorly on field sobriety tests and after his arrest for DUI blew a .120 in the breath machine.
ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI.
Jul 27, 2007 Case: 06-002184MM10A Judge Diaz
The defendant was stopped for driving too fast for in a rain storm. When the officer attempted to stop the defendant, he continued driving for several blocks. The officer observed a strong odor of alcohol, bloodshot eyes, and a flushed face. He also testified in court that the defendant admitted to drinking. He then called for a DUI task force deputy. The deputy made the same observations and attempted to perform field sobriety tests. The deputy stated that the defendant could not follow a pen with his eyes. He was subsequently arrested for DUI and refusal to submit to a breath test. This was his third arrest for DUI, however, the firm represented him on his last DUI and had the charges dismissed.
The motion was granted and all of the evidence was thrown out.
Jul 23, 2007 Case: 05-1396MM10A Judge Gehl
The defendant was stopped for speeding. The officer stated that the defendant fell out of the car and onto the ground. The officer observed a strong odor of alcohol and bloodshot eyes. He offered the defendant field sobriety tests but he couldn't even stand up. He was arrested for DUI and taken to the police station for a breath test. At the police station he fell again and was taken to the hospital.
The State dropped the DUI on the morning of trial.
Jul 18, 2007 Case: 2007-MM-234-AP Judge Ptomey
The defendant was stopped for driving in the wrong lane of travel causing vehicles to run off the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech, red eyes, and slow comprehension. He admitted to drinking an unknown a amount of Vodka. Furthermore, the defendant refused the field sobriety tests and the breath test. Everything at the scene was captured on video.
The defendant was cited for DUI and another charge of reckless driving. The reckless charge was dismissed and the STATE DROPPED THE DUI.
Jul 11, 2007 Case: 04-017877MM10A Judge Gehl
The defendant was found to be the driver who was at fault in a traffic crash. The officer observed a strong odor of alcohol, blood shot eyes, and slurred speech. He performed poorly on roadside tasks. After his arrest for DUI, he blew a .16 in the breath machine. This was the defendant's second offense.
THE MOTION WAS GRANTED AND THE DUI WAS DISMISSED.
Jul 8, 2007 Case: 06-018472MM10A Judge Ross
The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant failed both the one leg stand and walk and turn test and was arrested for DUI. At the police station she provided a urine sample which tested positive for amphetamines.
The State dropped the DUI.
Jul 5, 2007 Case: 489707-X (JURY TRIAL) Judge Bloom
The defendant was initially seen by the arresting officer staggering down the street as she walked to her car with her boyfriend at the time. The officer then testified she started the car, leaned outside the vehicle, and began throwing up. The officer approached the defendant as she was finishing vomiting. He noticed an odor of alcohol, slurred speech, and blood-shot eyes. She performed poorly on roadside tests as she could not do anything correctly. After her arrest for DUI, she blew a .151 in the breath machine.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jul 5, 2007 Case: 5499-XDL Judge Lindsey
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and blood-shot eyes. A DUI officer was called out to conduct field sobriety exercises. The defendant performed the walk and turn test. In the officer's roadside report on the walk and turn, she did not touch heel to toe, raised her arms for balance, and did not turn correctly. On the one leg stand, she raised her arms for balance. The defendant was arrested for DUI and refused the breath test.
Due to the lack of credibility of the officer, the DUI was dismissed.
Jul 2, 2007 Case: 06-016191MM10A (JURY TRIAL) Judge Lazarus
The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and balance problems exiting the car. The defendant performed poorly on roadside tests and he refused the breath test.
The Jury found the defendant NOT GUILTY in seven minutes.
Jun 27, 2007 Case: 07-3951XDTWS-15 Judge Vandercar
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to his stance. The defendant admitted to drinking two beers. The defendant refused the roadside tests and the breath test.
THE STATE DROPPED THE DUI.
Jun 25, 2007 Case: 05-013006MM10A (JURY TRIAL) Judge Diaz
The defendant was observed passed out behind the wheel with the engine running. The officer observed a strong odor of alcohol and bloodshot eyes. The defendant also had a bottle of beer in his arms. The defendant failed both the one leg stand as well as the walk and turn test and was arrested for DUI. He blew a .183 in the breath machine. This was his 2nd DUI.
The State dropped the DUI after the jury was selected.
Jun 25, 2007 Case: 3726-FAB Judge Arzola
The defendant was involved in a traffic crash in which he hit three other vehicles. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank three beers. He failed the field sobriety tests and then refused the breath test. This was the defendant's third DUI.
THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS.
Jun 25, 2007 Case: 5373-XDL Judge Arzola
The defendant was stopped at a roadblock checkpoint. The officers at the roadblock, noticed an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line numerous times and on the one leg stand, he put his foot down and raised his arms for balance. The defendant blew a .126 in the breath machine.
The State dropped the DUI.
Jun 20, 2007 Case: 07-TC-001988 (JURY TRIAL) Judge Draper
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant also swayed while standing outside his vehicle. He performed poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times. On the walk and turn test, the defendant used his arms for balance, stepped off the line, and stopped to balance himself. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape.
THE DEFENDANT WAS FOUND NOT GUILTY.
Jun 18, 2007 Case: 489940-X Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot-eyes. The defendant performed field sobriety tests at the scene. He could not do the one leg stand since it was terminated for safety reasons. On the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and lost his balance during the instructions. He then refused the breath test after the arrest for DUI.
The State dropped the DUI.
Jun 18, 2007 Case: 468414-W Judge Newman
The defendant was involved in a traffic crash in which she rear-ended another car. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. A cooler was found in the car containing vomit. The defendant could not perform any roadside tests due her inability to stand. She blew a .271 in the breath machine.
The State dropped the DUI.
Jun 18, 2007 Case: 6262-XAE Judge Mills-Francis
The defendant was stopped for driving at a high rate of speed, having no headlights on, and skidding. The officer learned that the defendant was involved in a hit and run accident earlier. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face while conducting the DUI and the accident investigation. The defendant failed the sobriety tests and then blew a .189 in the breath machine.
THE DUI WAS DISMISSED DUE TO THE STATUTE OF LIMITATIONS.
Jun 18, 2007 Case: 489885-X Judge Miranda
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant allegedly failed the roadside tests and refused the breath test.
The DUI was dismissed.
Jun 18, 2007 Case: CT-009086-XDK Judge Barber
The defendant was stopped for crossing the lane markers at least six times and almost striking a median. The officer noticed an odor of alcohol and glassy eyes. He was unsteady and swayed while outside his car. According to the officer, he failed the field sobriety tests and then refused the breath test. This was the defendant's second DUI.
The State dropped the DUI.
Jun 18, 2007 Case: 07-40050CTTA Judge Bilbrey
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused all roadside testing and the breath test.
On the morning of Jury Trial, the State dropped the DUI.
Jun 13, 2007 Case: 06-9654MM10A Judge Lazarus
The defendant was stopped by a member of the DUI task force for driving the wrong way out of a parking lot. The deputy observed a strong odor of alcohol and bloodshot eyes. On the walk and turn test she took the incorrect number of steps and stepped off the line. On the one leg stand she used her arms for balance throughout the test. She was arrested for DUI and refused to perform any further testing.
The State dropped the DUI.
Jun 13, 2007 Case: 06-4492MM10A Judge Lazarus
The defendant was stopped for swerving all over the road for a period of 5 blocks. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway to his stance. On the walk and turn test he failed to walk heel to toe and he took the incorrect number of steps. On the finger to nose test he failed to touch the tip of his nose on all six attempts. On the one leg stand he placed his foot down several times throughout the test. He was arrested for DUI. This was his 2nd DUI.
The State dropped the DUI.
Jun 12, 2007 Case: 06-020679MM10A Judge Robinson
The defendant was stopped by the Florida Highway Patrol for driving 95 mph in a 65 mph zone. The trooper observed an odor of alcohol, watery eyes and slurred speech. In addition, she was wearing a wrist band indicating she had been to a club that evening. She then told the officer that she refused to perform any tests because she could not pass them. She was subsequently arrested for DUI.
The motion was granted and all of the evidence was thrown out.
Jun 9, 2007 Case: 06-MM-022587AMB (JURY TRIAL) Judge Marx
The defendant was stopped by a Fish and Wildlife Commission Officer for a safety inspection after exiting his jet ski. However, prior to contact with him, the defendant had backed his truck up to get the jet ski hitched to the truck. The officer made contact with the defendant and noticed an odor of alcohol, slurred speech, and a sway to his stance. He also noticed bloodshot eyes, a flushed face, and a staggered walk. The officer asked the defendant to perform roadside tasks two times which the defendant refused. A cooler was found by the officer on the defendant's jet ski with empty tequila mixers. The defendant told the officer he drank 32 ounces of alcohol that day. He was placed under arrest for Boating Under the Influence and later refused the breath test on video tape. It should be noted, the State also charged the defendant with DUI months after his arrest for BUI. THIS WAS THE DEFENDANT'S THIRD DUI and/or BUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY OF BOTH THE BUI AND DUI IN LESS THAN TEN MINUTES.
Jun 9, 2007 Case: 07-CT-0567-ERB Judge Courtney
The defendant was involved in a rear end collision. When the first officer arrived, he observed the defendant to have slurred speech, slow responses, and a sway to his stance. The officer did not smell any alcohol, but believed the defendant was impaired by a chemical or controlled substance. A DUI officer was called to the scene and made similar observations. The defendant performed roadside tasks poorly and was arrested for DUI. At the station, a Drug Recognition Exam was conduced by a trained DRE officer who concluded the defendant was impaired by central nervous system depressants. The defendant gave a urine sample which he tested positive for pain killers and muscle relaxers which are central nervous depressants.
The State dropped the DUI.
Jun 2, 2007 Case: 05-02434MM10A (JURY TRIAL) Judge Robinson
The defendant drove his vehicle over a sidewalk, through a chain link fence, and into some bushes. The first officer on scene observed an odor of alcohol, slurred speech, and a flushed face. The defendant had trouble standing up straight and was very unsteady. He performed poorly on the field sobriety tests and refused the breath test.
The JURY found the defendant NOT GUILTY in eleven minutes.
May 31, 2007 Case: 06-010955TCA02 (JURY TRIAL) Judge Cohen
The defendant was stopped for making an illegal left turn. The DUI task force deputy noticed an odor of alcohol, slightly slurred speech, and glazed eyes. The defendant admitted to drinking three beers and one vodka with red-bull. According to the deputy, the defendant swayed and was slightly unsteady on his feet. The defendant performed field sobriety tasks on video at the scene. According to the deputy, the defendant failed them and he was arrested for DUI. After his arrest, he blew a .121 and .120 in the breath machine on video tape at the breath alcohol testing facility (also known as the BAT).
THE JURY FOUND THE DEFENDANT NOT GUILTY.
May 31, 2007 Case: 06-5568MM10A Judge Gehl
The defendant was involved in an accident whereby he struck the back of another vehicle. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking. On the walk and turn test he stepped off the line 6 times and missed heel to toe every time. On the stand and balance test, he swayed from side to side and front to back. He was arrested for DUI.
The motion to exclude the field sobriety tests was granted and the DUI was dropped.
May 31, 2007 Case: 06-5624MM10A Judge Cowart
The defendant was stopped for weaving and driving 74mph in a 40mph zone. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also noticed droopy eyes. The defendant allegedly failed five field sobriety tests. He was arrested for DUI and blew a .163 in the breath machine.
The DUI was dismissed.
May 29, 2007 Case: 573235-X Judge Newman
The defendant was observed by an off duty officer staggering to his car in a Publix shopping center. As the officer walked up to the defendant while the defendant was starting his car, he smelled an odor of alcohol. During a conversation, the defendant stated "I know I drank too much, but I am almost home." An on duty DUI officer was called to conduct roadside tests. That officer noticed slurred speech and blood-shot eyes. The defendant failed the field sobriety tests and then blew a .155 in the breath machine after the arrest for DUI. This was the defendant's second DUI with in a five year time frame.
The DUI was dismissed.
May 29, 2007 Case: 2007-CT-000195 Judge Yerman
The defendant was involved in a vehicle crash at an intersection. When the officer arrived, the defendant had an odor of alcohol, slurred speech, and was kneeling down. The defendant was asked to perform the roadside tasks but refused the physical tests stating he takes heart medications and was just involved in a collision. The defendant did offer to do mental sobriety tests. The officer refused his request and arrested the defendant for DUI. He then refused the breath test.
The State could not prove the defendant's impairment observed by the officer was due to the crash and/or his heart problems. Many of the bruises in the pictures were caused from the crash as well as his heart conditions. The State dropped the DUI.
May 29, 2007 Case: 503884-W Judge Miranda
The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant admitted to having three vodka cranberry's. The defendant performed the HGN (eye test), one leg stand, and walk and turn. On the one leg stand, the defendant raised his arms for balance, swayed, and hopped. On the walk and turn, the defendant lost his balance during the instructions, raised his arms for balance, and took the incorrect number of steps. The defendant was arrested for DUI and blew a .132 in the breath machine.
On the morning of trial, the State, after reviewing the poorly written reports by the officer and the contradictions we pointed out in the field sobriety tests versus the breath test readings much later after the stop, the State DROPPED THE DUI.
May 22, 2007 Case: 48-2006-MM-012081-0 Judge Cheek
The defendant was stopped for driving 72mph in a 45mph zone. The defendant had difficulty locating his license. He also had a white powdery substance under his nose. The officer observed an odor of alcohol and glassy bloodshot eyes. The defendant refused to perform any sobriety tests and was arrested for DUI.
The DUI was dismissed.
May 21, 2007 Case: 489966-X Judge Miranda
The defendant drove through a crime scene investigation at a high rate of speed, almost striking the officer. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant placed his foot down several times on the one leg stand. He failed to walk heel to toe in a straight line, and missed the tip of his nose 4 out of six times on the finger to nose test. He was arrested for DUI. This was is 2nd DUI offense.
The DUI was Dismissed on the morning of trial.
May 21, 2007 Case: 575769-X Judge Mills-Francis
The defendant was stopped for failing to maintain a single lane almost striking the median on 2 separate occasions. The initial officer noticed an odor of alcohol.The investigating officer observed the odor, as well as bloodshot eyes, flushed face and low speech. On the rhomberg balance test the defendant was swaying from side to side. On the walk and turn he stepped of the line and failed to walk heel to toe. He was arrested for DUI. The defendant blew a .181 in the intoxilyzer.
The DUI was dismissed.
May 21, 2007 Case: 266352-X Judge Ortiz
The defendant was stopped for weaving and running a red light. He also failed to stop for several blocks even after the officer's lights and siren were activated. The officer observed an odor of alcohol and the defendant admitted to drinking 3 beers. The defendant refused all testing and was arrested for DUI and driving with a suspended license.
The DUI was dismissed.
May 21, 2007 Case: 286782-X Judge Lindsey
The officer was dispatched in reference to a mail carrier who was drinking while driving the work vehicle. The officer located the defendant and observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant failed each sobriety test and was arrested for DUI. He blew a .126 in the breath machine. The firm represented the client on two separate DUI's and won both of them.
The DUI was dismissed.
May 21, 2007 Case: 286782-X Judge Lindsey
The officer was dispatched in reference to a mail carrier who was drinking while driving the work vehicle. The officer located the defendant and observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant failed each sobriety test and was arrested for DUI. He blew a .126 in the breath machine. The firm represented the client on two separate DUI's and won both of them.
The DUI was dismissed.
May 14, 2007 Case: 04-003311MM10A Judge Diaz
The defendant was stopped at a roadblock. The initial officer observed an odor of alcohol, bloodshot eyes, and a flushed face. The investigating officer observed the same as well as slurred speech. On the finger to nose (on video), the defendant left his hand out and failed to touch his nose. On the walk and turn, he turned incorrectly and took too many steps. On the HGN (eye test), the defendant exhibited all three clues of impairment. The defendant was arrested for DUI and refused a breath test. This was his 2nd DUI.
The State dropped the DUI on the morning of trial.
May 14, 2007 Case: CT-339962-X Judge Barber
The defendant was stopped for driving over the curb and speeding. The officer observed an odor of alcohol and watery eyes. On the walk and turn test, the defendant started early and turned incorrectly. On the one leg stand, the defendant failed to keep his foot off the ground. In addition, the defendant swayed throughout the exercises. He was subsequently arrested for DUI and blew a .145 in the breath machine.
The State dropped the DUI.
May 11, 2007 Case: 2007-CT-023085AXXX Judge Bosso-Pardo
The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. According to the officer, the defendant performed poorly on roadside tasks. For example, he put his foot down numerous times on the one leg stand exercise and on the walk and turn test he stepped off the line numerous times. The officer suspected the defendant was impaired by a chemical or controlled substance versus alcohol after the investigation was complete. The defendant was arrested for DUI.
The DUI was dismissed.
May 10, 2007 Case: 07-2438CTMA Judge Scaglione
The defendant was stopped for driving erratically. He was swerving all over the road. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused the roadside tests and the breath test. This was the defendant's THIRD DUI.
After cross examination of the arresting officer, and prior the Judge even ruling on the motions, the State DROPPED THE DEFENDANT'S THIRD DUI.
May 10, 2007 Case: 07-MM-007794ASB Judge Bosso-Pardo
The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and glassy, bloodshot eyes, and slurred speech. The defendant refused the field sobriety tests as well as the breath test. After his arrest for DUI, the officers found marijuana and a smoking pipe in the car. He was charged with Possession of Marijuana and Drug Paraphernalia, along with DUI. The entire DUI investigation was captured on video.
Prior to trial, the State DROPPED THE DUI. Also, the paraphernalia charge (ie. the pipe) was dismissed and the defendant received no conviction on the marijuana charge.
May 9, 2007 Case: 267061-X (JURY TRIAL) Judge Bloom
The defendant was found by a police officer parked next to a grassy area in front of residential houses. The initial officer responded to the area based on an anonymous call about a suspicious car being parked in that area. The officer observed the defendant to be slumped over the side, the engine running, car in park, and vomit all over the outside of the car. He banged on the car for 15-20 seconds to try to awaken the defendant who was passed out. Once the defendant awoke, the officer noticed the smell of vomit inside the car, an odor of alcohol, confusion, and slurred speech. A DUI officer was called to the scene to conduct roadside tasks which the defendant failed due to his highly intoxicated state. After his arrest for DUI, he refused the breath test as he was also cursing at the officer.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
May 9, 2007 Case: 48-2007-CT009297-O Judge Jewett
The defendant was stopped for speeding and failing to pull over for 2 miles. The officer observed a strong odor of alcohol; bloodshot glassy eyes and slurred speech. The defendant was unsteady as he exited the car, swaying in a circular motion. He performed the walk and turn, one leg stand as well as the eye test (HGN), and was subsequently arrested for DUI. This was his second offense for DUI.
The DUI was dismissed.
May 7, 2007 Case: 06-CT-027239ASB Judge Bosso-Pardo
The defendant was involved in a rear end crash. The officer smelled an odor of alcohol and noticed thick slurred speech and red eyes. The defendant performed very poorly on roadside tests which were video taped. He then refused the breath test.
The State dropped the DUI.
May 7, 2007 Case: 07-CT-497P Judge Ptomey
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, the defendant stumbled when he got out of the car, and slurred speech. The defendant performed roadside tests on video. For example, on the one leg stand, the defendant put his foot down several times and could not complete the test. After his arrest for DUI, he blew a .130 in the breath machine.
The State dropped the DUI.
May 7, 2007 Case: 06-CT-036146ANB Judge Johnson
The defendant was stopped for weaving and speeding. The officer smelled an odor of alcohol, noticed red eyes, and slurred speech. The defendant admitted to drinking two glasses of wine. The defendant performed the roadside tasks poorly on video. For example, on the walk and turn, she could not stay on the line and took the incorrect number of steps. On the one leg stand, she raised her arms for balance and put her foot down. Furthermore, she misstated the alphabet. After her arrest, the defendant refused the breath test.
The State dropped the DUI.
May 6, 2007 Case: 06-014060MM10A (JURY TRIAL) Judge Ross
The defendant was stopped for locking up on his breaks several times, skidding, and honking his horn. The stopping officer, as well as the DUI Task Force Deputy, observed an odor of alcohol, bloodshot eyes, and a sway. The defendant performed roadside tasks on video and was arrested for DUI. He then blew a .148 in the breath machine after his arrest for DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
May 6, 2007 Case: CT-06-09390MMAWS Judge Smith
The defendant was stopped for spinning her tires and making a wide turn. The officer observed an odor of alcohol, slurred speech, and the defendant admitted to drinking wine and taking sleeping pills. The defendant failed the field sobriety tests and then refused the breath after her arrest for DUI.
The State agreed with our motion based on the vague facts written in the reports, speaking to the officer, and then they DROPPED THE DUI.
May 3, 2007 Case: 0925-XDK Judge Newman
The defendant was stopped for driving without headlights. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant swayed while outside the car and a DUI officer was called to do roadside tests. The defendant performed the balance exercise in which he estimated 20 seconds for 30 seconds. He then refused further field sobriety testing, and refused breath test after his arrest for DUI.
The State dropped the DUI.
May 3, 2007 Case: 285984-X Judge Krieger-Martin
The defendant was involved in a traffic crash in which she hit a guardrail. When the officer arrived, she was talking on a cell phone outside the car. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer and blew a .130 in the breath machine.
The DUI was dismissed.
May 3, 2007 Case: 403753-X Judge Krieger-Martin
The defendant was involved in a rear-end traffic crash. The officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests. For example, the defendant stepped off the line five times on the walk and turn, nearly fell on the one leg stand, and could not touch the tip of his nose on the finger to nose any of the six times. After his arrest for DUI, the defendant blew a .160 in the breath machine.
On the morning of Jury Trial, the STATE DISMISSED THE DUI.
May 3, 2007 Case: 489993-X Judge Newman
The defendant was stopped for violating the State's "Move Over Law." Once stopped, the officer observed an odor of alcohol, slurred speech and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .145 in the breath machine after his arrest for DUI.
The Judge GRANTED THE MOTION TO SUPPRESS AN THREW OUT ALL THE EVIDENCE. The State dropped the DUI.
May 3, 2007 Case: 376733-W Judge Krieger-Martin
The defendant was stopped for weaving and driving to closely to a City of Miami Police Car. Once stopped the defendant became aggressive and the Miami cop handcuffed him and placed him in the back of a patrol car. A Metro Dade DUI officer was called who observed an odor of alcohol and slurred speech. The defendant performed poorly on roadside tests and blew a .154 in the breath machine. The defendant also admitted smoking pot and drinking five beers.
On the morning of trial, the STATE CONCEDED THE MOTION AND DROPPED THE DUI.
May 2, 2007 Case: 05-014812MM10A (JURY TRIAL) Judge Diaz
The defendant was stopped for driving over a sidewalk and a curb. The defendant also drove on the wrong side of the road. The stopping officer observed an odor of alcohol, slurred speech and red eyes. A DUI unit was called who made similar observations. Further, the defendant almost fell in getting out of his car. He admitted to drinking two beers and refused to perform roadside tasks and the breath test.
THE STATE DROPPED THE DUI IN THE MIDDLE OF TRIAL.
May 2, 2007 Case: 129412-J Judge Arzola
The defendant was stopped for weaving. Once the defendant was stopped, he allegedly used the car for balance. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .10 in the breath machine.
THE DUI WAS DISMISSED ON STATUTE OF LIMITATIONS GROUNDS.
May 2, 2007 Case: 377385-W Judge Arzola
The defendant was stopped for almost striking the shoulder and weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to feeling buzzed, drinking long island iced teas, and feeling the effects of the alcohol at the time of driving. The defendant failed all the roadside tests and blew a .157 in the breath machine after her arrest for DUI.
The State dropped the DUI.
Apr 30, 2007 Case: 4034-XDK Judge Ortiz
The defendant was stopped for speeding and weaving. The officers observed an odor of alcohol, slurred speech, and bloodshot-eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he lost his balance during the instructions, did not touch heel to toe, and took the incorrect number of steps up and down the line. On the one leg stand, he put his foot down several times and used his arms for balance. The defendant blew a .198 in the breath machine.
The State dropped the DUI.
Apr 25, 2007 Case: 2006-CF-026464 Judge Wolfe
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and swaying. He refused the roadside tests and the breath test. After his arrest, the officers found percocet pills in the car. The defendant was charged with DUI and Felony Possession of a Controlled Substance.
The State DISMISSED the felony charge and they also DROPPED the DUI charge. The defendant received no convictions on his record.
Apr 23, 2007 Case: 489636-X Judge Bloom
The defendant was stopped by police after he allegedly hit a parked car and then left the scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tasks. For example on the walk and turn test, he stepped off the line, did not touch heel to toe numerous times, and took the incorrect number of steps. On the one leg stand, the defendant put his foot down more than once and used his arms for balance. He refused the breath test after the arrest for DUI. The defendant was also charged with leaving the scene of an accident.
The State dropped the DUI.
Apr 17, 2007 Case: 05-10709MM10A (JURY TRIAL) Judge Cowart
The defendant was stopped for driving too slow, weaving numerous times, and hitting his brakes for no reason. The officer had to put his lights and sirens to get the defendant's attention to stop his vehicle. Once stopped, the officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant could not find his driver's license or registration when asked by the officer. He performed poorly on roadside tasks. For example, on the walk and turn, he fell off the line at least four times, did not touch heel to toe, and took the incorrect number of steps up and down the line. Furthermore, on the finger nose test, he missed the tip of his nose on almost every attempt. After his arrest for DUI, he refused the breath test. This was the defendant's second offense within one year of his last DUI. The whole incident, including the driving pattern, was captured on videotape.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 16, 2007 Case: 05-024487MM10A Judge Lerner-Wren
The defendant was stopped while driving through a DUI checkpoint. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Another officer conducted the field sobriety tests and noticed the following. On the one leg stand he placed his foot down and swayed during the exercise. On the walk and turn test he failed to walk heel to toe and stepped off the line several times. On the finger to nose he failed to touch his nose on three of the attempts. He was arrested and provided a urine sample. The toxicology report showed marijuana, valium and hydrocodone.
The motion was Granted and all of the evidence was thrown out.
Apr 16, 2007 Case: 06-CT-033286ASB (JURY TRIAL) Judge Cohen
The defendant came into contact with police while she was stopped in a turning lane with a flat tire and broken rim. The officer observed an odor of alcohol, slurred/mumbled speech, and blood-shot eyes. The defendant admitted to having three drinks and exhibited several mood swings throughout the night. According to the officer, she performed poorly on field sobriety tasks. For example, she stated the alphabet wrong on two occasions and on the one leg stand almost fell backwards. Also, on the walk and turn, the defendant stepped off the line, didn't touch heel to toe and on the finger to nose test she did not touch the tip of her nose. After her arrest for DUI, she refused the breath test.
THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES.
Apr 12, 2007 Case: 07-CT-002843-XCM Judge Conrad
The defendant was stopped by police after driving off the roadway, hitting a bus stop bench and sign, and also observed leaving the scene of the crash. When the officer finally stopped him, he observed an odor of alcohol, bloodshot eyes, and the defendant told him that he lost traction and was showing off. The defendant was asked to perform roadside tasks. For example, on the walk and turn test, he did not touch heel to toe, lost his balance on the turn, and took the incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI and refused the breath test. The defendant was also charged with Leaving the Scene of an Accident Involving Property Damage.
THE STATE DROPPED THE DUI. Also, the defendant received NO CONVICTION and NO POINTS on the Leaving the Scene Charge.
Apr 10, 2007 Case: CT-O70175503 Judge Christensen
The defendant was stopped for swerving all over the road and almost striking another car. The officer observed an odor of alcohol, slurred speech, and slow reactions. The defendant was very unsteady prior to roadside tasks. He performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test.
The State dropped the DUI.
Apr 9, 2007 Case: 1523-XDK Judge Lindsey
The defendant was stopped for driving too slow and allegedly backing up traffic. An officer stopped the defendant and observed an odor of alcohol, slurred speech, and watery eyes. A DUI officer was called to the scene and made similar observations, along with the fact that the defendant stated he had six beers. The defendant performed roadside tasks at the DUI officer's request. The walk and turn and one leg stand tests were not conducted due to the defendant's weight. The only tests that were done were the HGN (eye tests) and balance exercise. On the balance test, the defendant swayed and estimated 1:28 minutes for 30 seconds. He was arrested for DUI and refused the breath test.
On the morning of trial, the STATE DROPPED THE DUI.
Apr 9, 2007 Case: 3045-XDH Judge Ortiz
The defendant was stopped by police after being flagged down by a security guard who claimed the defendant drove through a security gate. The officer observed the defendant use the car for balance, an odor of alcohol, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. For example, on the walk an turn test, the defendant raised his arms for balance, took and incorrect number of steps and did not touch heel to toe. On the one leg stand test, the defendant put his foot down and swayed. The defendant was arrested for Leaving the Scene of an Accident and DUI. He refused the breath test after his arrest.
On the morning of jury trial, THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS. In addition, the defense also got the Leaving the Scene of an Accident charge dismissed a month prior to the DUI charge being dismissed.
Apr 6, 2007 Case: 0960-XDK Judge Arzola
The police came into contact with the defendant when he was passed out on the side of the road. A person had called in that there was an individual who was unresponsive which prompted the police to arrive. The keys were in the ignition and the engine was running. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had to lean against the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's third DUI.
The DUI was dismissed.
Apr 6, 2007 Case: 1478-XDK Judge Miranda
The defendant was involved in a crash whereby he hit a tree. When the officer's found the defendant, he was running into his house. The officer that first found the defendant smelled an odor of alcohol. A DUI officer was called and he smelled alcohol, noticed slurred speech, and watery eyes. The defendant performed poorly on field sobriety tests. For example , on the walk and turn test, the defendant took the incorrect number of steps and stepped off the line numerous times. The defendant refused the breath test. He was charged with DUI and Leaving the Scene an Accident.
THE STATE DROPPED THE DUI AND THE LEAVING THE SCENE OF THE ACCIDENT CHARGE WAS DISMISSED.
Apr 4, 2007 Case: 05-002647MM10A Judge Diaz
The defendant was stopped for running a red light as well as making an illegal u-turn. The deputy observed a strong odor of alcohol, bloodshot glassy eyes, and a flushed face. The defendant stated that he was coming from a bar down the street. Prior to conducting the field sobriety tests, the deputy observed a considerable sway from side to side. On the walk and turn test the defendant failed to touch heel to toe, used his arms for balance and stepped off of the line. On the one leg stand, the defendant put his foot down. He was arrested for DUI and blew a .084 in the breath machine.
The DUI was DISMISSED.
Mar 30, 2007 Case: 05-21347MM10A Judge Diaz
The defendant was involved in a crash. When the officers arrived, the defendant was in his apartment and the officers observed the defendant to have an odor of alcohol, slurred speech, and balance problems. He failed all field sobriety tests. After his arrest for DUI, he blew a .216 in the breath machine.
THE JUDGE GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE INCLUDING THE .216 BREATH TEST.
Mar 26, 2007 Case: 0162-XAV Judge Lindsey
The defendant was stopped for speeding and driving with her highbeams on. The officer initially detected an odor of alcohol and bloodshot eyes. As she exited the vehicle the officer noticed her stumble. According to the officer, the defendant failed both the finger to nose test as well as the walk and turn. She was arrested for DUI and blew a .101 in the breath machine.
The State dropped the DUI on the morning of trial.
Mar 26, 2007 Case: 489375-X Judge Arzola
The defendant was involved in a traffic crash. When the officer arrived, he observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant stepped off the line several times on the walk and turn and could not touch heel to toe. On the one leg stand the officer stated that the defendant almost fell over. He was subsequently arrested for DUI. He blew a .190 in the breath machine.
The State dropped the DUI.
Mar 22, 2007 Case: 06-CT-017324A02 (JURY TRIAL) Judge Damico
The defendant was stopped for making an illegal right at a red light and speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a sway to his stance. The defendant admitted to drinking beer. He performed field sobriety exercises such as the walk and turn, one leg stand, and rhomberg balance. On the one leg stand, the defendant put his foot down several times and used his arms for balance. On the balance exercise, he swayed and on the walk and turn test he missed heel to toe several times, lost his balance during the instructions, and turn incorrectly. Everything was video taped at the scene and station. After his arrest for DUI, the defendant blew a .104 it the breath machine.
After cross examining the arresting officer, the State DROPPED THE DUI IN THE MIDDLE OF JURY TRIAL.
Mar 21, 2007 Case: 06-CT-034852AMB (TRIAL) Judge Johnson
The defendant was stopped for backing up into a police car. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant also appeared to be confused about his whereabouts. The defendant refused the roadside tests and the breath test.
THE DEFENDANT WAS FOUND NOT GUILTY.
Mar 21, 2007 Case: 05-020409MM10A Judge Robinson
The defendant drove into a closed car dealership at 5:00 a.m. and passed out behind the wheel with the engine running. The security guard saw him drive in and he contacted the police department. The officer attempted to wake the defendant up, and knocked on the window several times. When he woke up the officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He stated that he just left a local bar and had been drinking. The officer found a receipt from the bar for $209.00 dollars. A DUI deputy was called to the scene who conducted the investigation. The defendant was subsequently arrested for DUI. This was his 2nd offense for DUI.
The State dropped the DUI.
Mar 20, 2007 Case: 05-008147MM10A Judge Diaz
The defendant was stopped for cutting off a motorcycle directly in front of two police officers. The officers observed an odor of alcohol, glassy eyes and slurred speech. The defendant subsequently admitted to drinking four beers. A DUI deputy was called to the scene and stated that she observed the defendant to be extremely unsteady. After completing one sobriety test he refused to participate any further and requested an attorney. He was arrested for DUI.
The State dropped the DUI on the morning of trial.
Mar 19, 2007 Case: CT-126965-J Judge Conrad
The defendant was involved in a rear end crash in which he was the one who was hit from behind. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, swaying, and blood-shot eyes. The defendant only performed the HGN (eye test) and was arrested for DUI. He blew a .143 in the breath machine.
The State dropped the DUI.
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