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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.
Feb 21, 2012 Case: 09-026294MM10A Judge Robinson
The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Based on the testimony provided by the independent witness the State dropped the DUI.
Feb 20, 2012 Case: 2011CT003901AXXX Judge Turner

The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.

Parks & Braxton prepared the case for trial.

The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.

Feb 20, 2012 Case: 2011CT003901AXXX Judge Turner
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.
The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.
Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman

The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.

Parks & Braxton prepared the case for trial.

The DUI was Dismissed.

Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.
The DUI was Dismissed.
Feb 15, 2012 Case: CT-000496-XEH Judge Greco

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.

Parks & Braxton prepared the case for trial. We also pointed out to the State that the video tape at the scene contradicted the defendant's breath alcohol level.

The State Dropped the DUI.

Feb 15, 2012 Case: CT-000496-XEH Judge Greco
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
The State Dropped the DUI.
Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo

The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.

The video contradicted the officer's reports as to the defendant's alleged performance on the roadside tests. Also, with the .02 margin of error in the breath machine, the firm pointed out that the defendant's breath results could have been under the legal limit.

The State Dropped the DUI.

Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo
The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.
The State Dropped the DUI.
Feb 11, 2012 Case: 5700-XEM Judge Krieger-Martin
The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine.
The State Dropped the DUI.
Feb 10, 2012 Case: 2011-CT-021205AXXX Judge Castor

The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test.

Parks & Braxton prepared the case for trial.

A week prior to the trial date, the State Dropped the DUI.

Feb 10, 2012 Case: 2011-CT-025550AXXX (JURY TRIAL) Judge Damico
The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. After his arrest for DUI, he refused the breath test.
The Jury found the defendant Not Guilty.
Feb 7, 2012 Case: 2011-CT-022698AXXX Judge Evans

The defendant was stopped for driving the wrong way down a one way street. The officers observed slurred/mumbled speech, an odor of alcohol, and unsteadiness exiting the vehicle. The defendant admitted to having a couple of drinks. According to the arresting officer, he did not perform up to standards on the roadside tests which were video taped and then he was arrested for DUI.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Feb 3, 2012 Case: 05-2011-CT-037416-AXXX-XX Judge Atkin (JURY TRIAL)

The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years.

At jury trial, Parks & Braxton argued that the defendant was asleep in his car because he worked long hours. The defendant testified to this fact. The firm also argued that the video contradicted the arresting officer's testimony as it related to the defendant's performance on the tests. Furthermore, we also pointed out to the the jury many conflicts in the evidence and that the officers had stated many times they did not recall specific facts upon cross examination.

During jury deliberations, the State Dropped the DUI.

Feb 1, 2012 Case: CT-003222-XGA Judge Dominguez

The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jan 27, 2012 Case: 2011-CT-008973AXXX Judge Damico

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test.

Parks & Braxton prepared the case for trial. A pre-trial deposition of the arresting officer was taken prior to the trial date.

After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI.

Jan 27, 2012 Case: 2011-CT-008973AXXX Judge Damico
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test.
After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI.
Jan 24, 2012 Case: 11-CT-504843 Judge Gonzalez

The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test.

Parks & Braxton prepared the case for trial. The reports were very vaguely written as it related to the defendant's performance on the tests and there was no video tape at the scene.

The State Dropped the DUI.

Jan 24, 2012 Case: 11-CT-504843 Judge Gonzalez
The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test.
The State Dropped the DUI.
Jan 23, 2012 Case: 1371-XEU Judge Newman

The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test.

Parks & Braxton prepared the case for trial.

On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge.

Jan 23, 2012 Case: 1371-XEU Judge Newman
The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test.
On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge.
Jan 17, 2012 Case: CT-004694-XEP Judge Conrad

The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jan 17, 2012 Case: CT-004694-XEP Judge Conrad
The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.
The State Dropped the DUI.
Jan 13, 2012 Case: 2011-CT-022578AXXX Judge Eissey

The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test.

Parks & Braxton pointed out to the State after taking a pre-trial deposition and watching the video tape, that there was no corroboration of the driving pattern by police as required by law.

The State Dropped the DUI.

Jan 13, 2012 Case: 2011-CT-022578AXXX Judge Eissey
The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Jan 11, 2012 Case: CT-004754-XEP Judge Myers

The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI.

Parks & Braxton conducted a pre-trial investigation which revealed that the video tape in question had been lost and/or destroyed. The officer had written a very vague report describing the tests as they were supposed to have all been on video.

Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI.

Jan 11, 2012 Case: 7194-XEJ Judge Denaro
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Jan 11, 2012 Case: 48-2011-CT-006718-AOX (JURY TRIAL) Judge Bigney
The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine.
In the middle of Jury Trial, the State Dropped the DUI.
Jan 10, 2012 Case: 2011-44267MMAES Judge Beck

The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
Defense Parks & Braxton prepared the case for trial.

The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.

Jan 10, 2012 Case: 10-011921MM10A Judge Ross

The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.

Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later.

The State dropped the DUI on the morning of trial.

Jan 10, 2012 Case: 2011-CT-009222AXXX Judge Higbee

The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).

Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion.

The State Dropped the DUI.

Jan 9, 2012 Case: 09-012353MM10A Judge Lerner-Wren

The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.

Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window.

The motion to suppress was granted. The DUI was Dismissed.

Jan 8, 2012 Case: 5606-CZO Judge Seraphin
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Jan 6, 2012 Case: 2011-CT-036569AXXX Judge Damico
The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Jan 5, 2012 Case: 2011-CT-02041-A-K Judge Fowler

The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.

Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges.

The Defendant received No DUI conviction on his record.

Jan 4, 2012 Case: 0021-XBU Judge Seraphin (JURY TRIAL)

The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.

At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition.

The Jury found the defendant Not Guilty.

Jan 3, 2012 Case: 5970-XEM Judge Ortiz

The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.

On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash.

The DUI was Dismissed.

Jan 2, 2012 Case: CT-003222-XGA Judge Dominguez
The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Dec 16, 2011 Case: 08-20173MM10A Judge Murphy
The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine.
Both motions were granted. The DUI was Dismissed.
Dec 12, 2011 Case: CT-007709-XEF Judge Jeske
The defendant was stopped for weaving and rubbing against the curb. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking. According to the officer, he performed field sobriety tests, did not performed up to standards, and was arrested for DUI. After his arrest, he blew a .163 and .176 in the breath machine.
The State Dropped the DUI.
Dec 12, 2011 Case: 3269-XEJ Judge Denaro
The defendant was stopped for making an illegal U-Turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test.
The State Dropped the DUI.
Dec 12, 2011 Case: 2011-MM-006916-A Judge Herr
The defendant was stopped for weaving all over the road at least twelve times and almost striking another vehicle. The officers observed an odor of alcohol, red eyes, slurred speech, and tripping as he got out of the car. He performed poorly on the roadside tests. For example, on the one leg stand, he used his arms for balance, put his foot down more than one time, and swayed. He was arrested for DUI.
The State Dropped the DUI.
Dec 10, 2011 Case: CT-007421-XEY Judge Mcneil
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, watery eyes, and he fumbled with his materials in the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Prior to trial, the State Dropped the DUI.
Dec 9, 2011 Case: 4463-XDY Judge Denaro
The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and watery eyes. According to the DUI officer, he could not perform the roadside tests at all due to his level of intoxication and was arrested for DUI.
On the morning of trial, the State Dropped the DUI.
Dec 8, 2011 Case: 2010-CT-008976-O Judge Shoemaker
The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, glassy eyes, and she stated she drank two beers. According to the officer, she did not perform well on the field sobriety tasks and was arrested for DUI. After her arrest, she blew a .110 and .114 in the breath machine.
The DUI was Dismissed.
Dec 8, 2011 Case: 2011-CT-015212ASB Judge Castor
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and a blank stare. He exhibited slow dexterity and spoke in incoherent sentences. The defendant refused the roadside tests and was arrested for DUI. All of the alleged above was captured on video tape.
The State Dropped the DUI.
Dec 7, 2011 Case: 11000195CTMA Judge Christine
The defendant crashed his car into a curb and some shrubbery. The officer noticed an odor of alcohol, glassy eyes, and an inability to maintain his balance. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Nov 30, 2011 Case: CT-004649-XEP Judge Courtney
The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he blew a .147 and .142 in the breath machine. This was the defendant's Second DUI.
The State Dropped the DUI.
Nov 29, 2011 Case: 11-005928MM10A Judge Fry
The defendant was stopped at a light in the right turn only lane. The defendant crossed over three lanes and made a left turn from the right lane. The officer that stopped the defendant observed an odor of alcohol, a flushed face and bloodshot eyes. On video the defendant performed the HGN (eye test), walk and turn, one leg stand and the finger to nose test. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI. He subsequently blew a .097 in the breath machine.
The DUI was dropped on the day of the motion to suppress.
Nov 29, 2011 Case: 2011-CT-000872-A-E Judge Jewett
The defendant was involved in a one car crash. When officers arrived, they noticed smoke and debris coming from the immediate area around the defendant's car. The defendant was then placed in the back of another officer's car for an extended period of time to await another officer. Once that other officer arrived, he made several DUI observations including the defendant having an odor of alcohol, stumbling and falling over into a patrol car, and he admitted drinking. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .157 and .153 in the breath machine. This was the defendant's Second DUI.
The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI.
Nov 22, 2011 Case: CT-004713-XEP Judge Jeske
The defendant was stopped for driving with no headlights and weaving. The officer observed an odor of alcohol and bloodshot eyes. According to the officer, she was unsteady on her feet. She refused the roadside tests and was arrested for DUI. She then refused the breath.
The State Dropped the DUI.
Nov 21, 2011 Case: 2010CT002594-A-O Judge Ansbro
The defendant was initially observed weaving from lane to lane. Next, the officer observed the defendant make an abrupt u-turn while screeching his tires. Finally, the officer clocked the defendant going 57mph in a 35 mph zone. After stopping the defendant, the officer observed an odor of alcohol and bloodshot eyes. Based on these observations the officer asked the defendant to perform field sobriety tests. On the walk and turn test the defendant started early and failed to walk heel to toe. On the one leg stand the defendant swayed and used his arms for balance. The defendant was arrested for DUI and refused to submit to a breath test.
The DUI was dismissed.
Nov 18, 2011 Case: 09-029268MM10A Judge Brown
The defendant was observed passed out behind the wheel with the keys in the ignition and the engine running. An open bottle of beer was observed in the center console. The officer also observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant staggered as he exited the vehicle. Upon questioning, he admitted to drinking four or five beers and then performed several field sobriety tests. For example, on the walk and turn test, he failed to touch heel to toe and stepped off the line several times. On the finger to nose test, he failed to touch the tip of his nose with the the tip of his index finger. The officer subsequently located an open pint of rum that was about 5/6 empty. He was then arrested for DUI.
The State conceded the motion and then Dropped the DUI.
Nov 16, 2011 Case: 09-018397MM10A Judge Lerner-Wren
The defendant was involved in a traffic crash whereby he hit a tree and his vehicle was upside down. Two officers arrived on scene and observed an extremely strong odor of alcohol coming from the defendant. The defendant was slurring his words, was unsteady, and admitted to drinking six beers. The defendant was asked to perform field sobriety tests and he refused. He was placed under arrest for DUI and then subsequently kicked one of the officers and was charged with battery on a law enforcement officer as well as refusal to submit to DUI testing.
The State conceded the motion to suppress, Dropped the DUI, Battery charges, and refusal to submit to testing.
Nov 14, 2011 Case: 2390-XBG Judge Ortiz
The defendant was the at fault driver in a rear end collision. The officers, upon arrival, observed the defendant to have an odor of alcohol, slow. slurred speech, and a flushed face. Due to the defendant's level of impairment, she was unable to complete any of the field sobriety exercises other than the finger to nose to which she showed several signs of intoxication. She was arrested for DUI and then refused the breath test.
The State Dropped the DUI.
Nov 14, 2011 Case: 3014-XED Judge Miranda
The defendant was found by police passed out in a parked car on a sidewalk. The officer noticed an odor of alcohol, mumbled/slurred speech, and watery eyes. He performed very poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .145 and .148 in the breath machine.
The State Dropped the DUI.
Nov 10, 2011 Case: F10-019490 Judge Colodny
The defendant was stopped by police for weaving, driving all over the road, and making cars take evasive action. Once stopped, the officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. He refused to perform the roadside tests and was arrested for DUI, Felony Agggravated Assault with a Deadly Weapon (ie. a car), and possession of marijuana which was found in the car. He then refused the breath test.
The State Dropped the DUI, dismissed the possession of marijuana charge, and amended the felony charge to a misdemeanor assault.
Nov 10, 2011 Case: 2849-XDQ Judge Seraphin
The defendant was stopped for running a red light and almost broad-siding another car. The officer observed an odor of alcohol, slow speech, and he appeared to be disoriented. He failed the roadside tests and was arrested for DUI.
On the morning of Jury trial, the State Dropped the DUI.
Nov 7, 2011 Case: CT-006410-STF Judge Lefler
The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. Since he was transported to the hospital, a breath test was not practical and neither were roadside tests. A blood draw was ordered and the results of the defendant's blood alcohol content were .110 and .109. He was arrested and charged with DUI.
The DUI was Dropped.
Nov 2, 2011 Case: 2010-CT-032265AXXX Judge Castor
The defendant was involved in crash whereby he hit the back of a police car which was on a traffic stop. The officer noticed an odor of alcohol, red/ glassy eyes, a bottle of tequila in the car, and balance problems. The defendant performed very poorly on roadside tests which were video taped. He was then arrested for DUI.
Prior to the motion hearing, the State Dropped the DUI.
Oct 28, 2011 Case: 11-CT-500650 Judge Mann
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. A DUI investigator was called to the scene and made similar observations. He was asked by the DUI officer if he had anything to drink and the defendant stated nothing at all. When he exited the car, he used the door for balance. He was then asked to perform field sobriety tests and he refused. He was then arrested for DUI and refused the breath test.
The State Dropped the DUI.
Oct 27, 2011 Case: 10-11893MM10A Judge Brown
The defendant was stopped for driving too slow and obstructing traffic. The initial officer observed a strong odor of alcohol and glassy watery eyes. He then observed the defendant having trouble exiting the vehicle and almost fell onto the street. The DUI officer made the same observations and administered several sobriety tests. After the walk and turn and one leg stand the defendant was arrested for DUI.
On the morning of the motion the State dropped the DUI.
Oct 25, 2011 Case: 11-CT-000890000AKW (JURY TRIAL) Judge Miller
The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. There were open containers of alcohol in the the car and the defendant admitted to having three to four drinks prior to driving. According to the officer, the defendant admitted that she may have been impaired, but was sober enough to drive home. According to the officer, she failed the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
The Jury found the Defendant Not Guilty.
Oct 24, 2011 Case: 10-027224MM10A Judge Ross
The defense rear-ended another vehicle resulting in a three car crash. The first officer conducted the accident investigation and turned the DUI investigation over to another officer. The second officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed several field sobriety tests including the one leg stand and the walk and turn test. On the one leg stand test the defendant failed to keep his foot off the ground and used his arms for balance. On the walk and turn test he stepped off the line several times and failed to touch heel to toe several times. The defendant was arrested for DUI and refused to submit to a breath test.
The motion was Granted and all of the evidence was thrown out. The DUI was dropped.
Oct 18, 2011 Case: 2009-CT-018411-A-O Judge Craner
The defendant was stopped for running a red light. The officers observed an odor of alcohol, glassy eyes, slurred speech, and slow movements. The defendant used both hands while exiting the vehicle and was unsteady on his feet. He admitted to drinking two beers and then submitted to the roadside tasks which according to the officers he failed. He was then arrested for DUI.
Based on the above, the State Dropped the DUI on the morning of trial.
Oct 17, 2011 Case: 3406-XED Judge Denaro
The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred/confused speech, and a flushed face. She showed severe signs of impairment on all the field sobriety tests and was then arrested for DUI. After her arrest, she refused the breath test.
Based on the above, the State Dropped the DUI.
Oct 14, 2011 Case: 2010-CT-029597AXXX Judge Damico
The defendant was stopped for failing to maintain a single lane and driving 40 miles per hour in a 55 mile per hour zone. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. He was unsteady on his feet and appeared confused. The defendant showed major signs of impairment on the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .167 in the breath machine. This was the defendant's Third offense.
The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI.
Oct 8, 2011 Case: 48-2011-CT-006847-O Judge Plogstedt
The defendant was stopped for speeding and drifting. The officer observed and odor of alcohol, she advised she drank beers, and she had red eyes. According to the officer, she performed poorly on the roadside tests which were video taped. She was then arrested for DUI.
After announcing ready for jury trial, on the morning of trial the State Dismissed the DUI.
Oct 8, 2011 Case: 2011-CT-006831-O Judge Plogstedt
The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and she was swaying. The defendant admitted to drinking. According to the officer she performed poorly on the roadside tests which were video taped. For example, on the walk and turn, she lost her balance and stepped off the line. On the one leg stand, she raised her arms for balance and put her foot down. The defendant was arrested for DUI and then refused the breath test.
On the morning of jury trial, the State Dismissed the DUI.
Oct 5, 2011 Case: 10-CT-00190801XXLD Judge Griffin
The defendant was stopped for weaving a couple of times. The officer observed and odor of alcohol, bloodshot eyes, and she admitted to drinking Long Island Iced Teas. She performed poorly on the field sobriety tests. For example, on the walk and turn, she lost her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and then refused the breath test.
Prior to filing a motion to suppress, the State Dropped the DUI.
Oct 2, 2011 Case: 10-CM-015864 Judge Conrad
The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia.
The DUI was Dropped and the drug charges were Dismissed.
Oct 1, 2011 Case: CT-000301-XEH Judge Lefler
The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Prior to trial, the State Dropped the DUI.
Oct 1, 2011 Case: 7815-XEJ Judge Gayles
The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.
Oct 1, 2011 Case: 3210-XEJ Judge Newman
The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
On the day of trial and prior to arguing the motion, the State Dropped the DUI.
Oct 1, 2011 Case: 8071-XEE Judge Schwartz
The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
On the day of trial, the DUI was dismissed based on the Statute of Limitations.
Sep 28, 2011 Case: CT-004244-XEP Judge Dominguez
The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
The State Dropped the DUI.
Sep 19, 2011 Case: 2011-CT-019871AXXX Judge Evans
The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
The DUI was Dismissed.
Sep 19, 2011 Case: 4522-XDY Judge Seraphin
The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Just before jury selection, the State Dropped the DUI.
Sep 15, 2011 Case: CT-005157-XEP Judge Greco
The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
The State Dropped the DUI.
Sep 14, 2011 Case: CT-002590-XEJ Judge Mcneil
The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
The State Dropped the DUI.
Sep 12, 2011 Case: 09-025733MM10A Judge Murphy
The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI.
The Court Granted the Motion to Dismiss.
Sep 11, 2011 Case: CT-008938-SVI Judge Lefler
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol and glassy eyes. The defendant had difficulty exiting the vehicle and used the car for support. He admitted to drinking two beers and one glass of wine. He refused the roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Sep 11, 2011 Case: CT-005975-XBN Judge Mcneil
The defendant was stopped for weaving, driving to slow, and braking for no reason. The trooper observed an odor of alcohol, unsteadiness, and watery eyes. He performed poorly on the roadside tests according the trooper and was arrested for DUI. After his arrest, he blew a .145 and .142 in the breath machine.
The State Dropped the DUI.
Sep 9, 2011 Case: 11-012849MM10A Judge NO JUDGE ASSIGNED
The defendant was stopped for speeding and drifting. The Trooper observed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant admitted to drinking beer. He refused the roadside tests and the breath test. This was the defendant's Second DUI.
The DUI was Dismissed pursuant to the rules of speedy trial.
Sep 5, 2011 Case: 3259-XED Judge Miranda
The defendant was involved in a crash whereby he hit a concrete wall. The officers observed an odor of alcohol, thick tongued speech, and watery eyes. He failed all the roadside tests and was arrested for DUI. After his arrest for DUI, he blew a .195 and .199 in the breath machine.
The DUI was Dismissed.
Sep 5, 2011 Case: 3192-XEJ Judge Krieger-Martin
The defendant was the at fault driver in a rear-end crash. The officers observed an odor of alcohol and bloodshot eyes. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. This was his Second DUI offense.
On the morning of trial, the State Dropped the DUI.
Sep 5, 2011 Case: 3834-XED Judge Krieger-Martin
The defendant was stopped for running a red light. The officer observed an odor of alcohol, watery eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .099 and .097 in the breath machine.
The DUI was Dismissed.
Sep 3, 2011 Case: 09-014595MM10A Judge Lerner-Wren
The police received an anonymous tip of a drunk driver. The officer made a contact with the defendant and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having "4 vodka drinks". The defendant performed field sobriety tests both at the scene as well as at the jail. The field sobriety tests at the jail were on video. The defendant's performance on the field sobriety tests clearly indicated that the defendant was in fact impaired. The defendant was arrested for DUI.
After the witness testified, the State DISMISSED the DUI.
Sep 3, 2011 Case: 08-0115364MM10A Judge Lerner-Wren
The defendant was stopped by several officers for driving 80mph in a 45mph zone. Upon making contact with the defendant the deputy observed an odor of alcohol, bloodshot eyes and slurred speech. Upon questioning the defendant did not know which county he was in. The DUI task force officer was called to the scene who observed the defendant to be unsteady on his feet. The defendant performed several field sobriety tests and was arrested for DUI. The defendant blew a .174 in the breath machine.
The motion was granted and the State dropped the DUI.
Aug 31, 2011 Case: 2011-CT-024827 Judge Baker
The defendant was stopped for having no tag lights. The officer observed an odor of alcohol, slurred speech, and he was unable to keep his balance. He refused to do the roadside tests and was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI.
On the morning of trial, the State Dropped the DUI.
Aug 31, 2011 Case: CT-008134-XEF Judge Lefler
The defendant was stopped for making a wide turn and not stopping for a green light. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. According to the officer, he failed the field soberiety tests and was arrested for DUI. After his arrest, he blew a .187 and .190 in the breath testing machine.
The Judge Granted the motion and threw out the breath tests results. The State then Dropped the DUI.
Aug 25, 2011 Case: CT-005168XEP Judge Greco
The defendant was stopped for driving with no headlights. The officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. According to the officers, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .130 and .134 in the breath machine.
The State Dropped the DUI.
Aug 19, 2011 Case: 2011-CT-010538AXXX Judge Castor
The defendant was stopped for speeding as he was driving over 100 miles per hour. The officer noticed an odor of alcohol. bloodshot eyes, and slurred speech. The defendant failed all the roadside tests. For example, he could not say the alphabet correctly. On the one leg stand, he lost his balance, almost fell, and put his foot down. He was arrested for DUI.
The State then Dropped the DUI.
Aug 17, 2011 Case: CT-009560-XEW Judge Mcneil
The defendant was stopped for weaving and drifting. The officer noticed an odor of alcohol and slurred speech. According to the officer, he performed poorly on roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test.
The State Dropped the DUI.
Aug 11, 2011 Case: CT-003462-XGA Judge Jeske
The defendant was stopped after making a quick lane change and almost striking a stopped vehicle. The officer observed an odor of alcohol and red bloodshot eyes. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
The State Dropped the DUI.
Aug 11, 2011 Case: 2010-MM-019600AXXX Judge Bryson
The defendant was stopped for striking a curb and weaving. The officer at the scene observed an odor of alcohol, slow and deliberate speech, and he admitted to having a few drinks. Due to various weight and medical issues, the defendant could not perform the one leg stand nor the walk and turn. He did, however, perform the finger to nose and alphabet. He was then arrested for DUI and resisting without violence as he allegedly pulled away while being cuffed. At the station, the other officer observed slurred speech and the defendant refused the breath test on video. There was no video tape at the scene.
Prior to jury trial, the State Dropped the DUI and the defendant also received no conviction on the resisting without violence charge.
Aug 8, 2011 Case: 2011CT020187AXXX Judge Mckibben
The defendant was stopped for weaving as well as speeding (81mph/55mph zone). The officer observed an odor of alcohol, bloodshot eyes as well as slurred speech. The defendant performed several field sobriety tests. On the one leg stand the defendant dropped his foot down and counted improperly. On the walk and turn test the defendant stepped off the line and used his arms for balance. The defendant was arrested for DUI.
On the morning of trial the State dropped all DUI charges.
Aug 6, 2011 Case: 10-011356MM10A Judge Robinson
The defendant was detained while driving through a DUI checkpoint. Upon making contact with the driver the officer observed an odor of alcohol, glassy/bloodshot eyes and slurred speech. A DUI officer was requested to complete the investigation. The defendant performed several field sobriety tests. On the one leg stand he placed his foot on the ground several times. On the walk and turn test he stumbled off the line. He was arrested for DUI. He subsequently blew a .147 in the breath machine.
The motion was granted and the breath test was excluded from evidence. The State subsequently dropped the DUI.
Aug 3, 2011 Case: CT-008331-XEF Judge Conrad
The defendant was stopped for weaving and speeding. The officer observed and odor of alcohol and watery/glassy eyes. According to the officer, she performed poorly on the field sobriety tests which were video taped. She was then arrested for DUI and then refused the breath test.
The State Dropped the DUI.
Aug 2, 2011 Case: 08-0027943MM10A (JURY TRIAL) Judge Cowart
The defendant initially ran a red light cutting off a police officer. The officer followed the defendant and observed him tailgating several vehicles and failing to maintain a single lane. The officer stopped the defendant and further observed an odor of alcohol, red watery eyes and a flushed face. The defendant performed the walk and turn and finger to nose test on video and was subsequently arrested for DUI. The defendant blew a .085 in the intoxilyzer. This was the defendant's 2nd DUI.
After Jury Selection the State dropped the DUI.
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