Our Recent DUI Victories

May 3, 2007 Case: 403753-X Judge Krieger-Martin

Facts:

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.

Result:

On the morning of Jury Trial, the STATE DISMISSED THE DUI.

May 3, 2007 Case: 489993-X Judge Newman

Facts:

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.

Result:

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

Facts:

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.

Result:

On the morning of trial, the STATE CONCEDED THE MOTION AND DROPPED THE DUI.

May 2, 2007 Case: 05-014812MM10A (JURY TRIAL) Judge Diaz

Facts:

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.

Result:

THE STATE DROPPED THE DUI IN THE MIDDLE OF TRIAL.

May 2, 2007 Case: 129412-J Judge Arzola

Facts:

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.

Result:

THE DUI WAS DISMISSED ON STATUTE OF LIMITATIONS GROUNDS.

May 2, 2007 Case: 377385-W Judge Arzola

Facts:

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.

Result:

The State dropped the DUI.

Apr 30, 2007 Case: 4034-XDK Judge Ortiz

Facts:

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.

Result:

The State dropped the DUI.

Apr 25, 2007 Case: 2006-CF-026464 Judge Wolfe

Facts:

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.

Result:

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

Facts:

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.

Result:

The State dropped the DUI.

Apr 17, 2007 Case: 05-10709MM10A (JURY TRIAL) Judge Cowart

Facts:

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.

Result:

THE JURY FOUND THE DEFENDANT NOT GUILTY.

Apr 16, 2007 Case: 05-024487MM10A Judge Lerner-Wren

Facts:

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.

Result:

The motion was Granted and all of the evidence was thrown out.

Apr 16, 2007 Case: 06-CT-033286ASB (JURY TRIAL) Judge Cohen

Facts:

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.

Result:

THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES.

Apr 12, 2007 Case: 07-CT-002843-XCM Judge Conrad

Facts:

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.

Result:

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

Facts:

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.

Result:

The State dropped the DUI.

Apr 9, 2007 Case: 1523-XDK Judge Lindsey

Facts:

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.

Result:

On the morning of trial, the STATE DROPPED THE DUI.

Apr 9, 2007 Case: 3045-XDH Judge Ortiz

Facts:

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.

Result:

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

Facts:

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.

Result:

The DUI was dismissed.

Apr 6, 2007 Case: 1478-XDK Judge Miranda

Facts:

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.

Result:

THE STATE DROPPED THE DUI AND THE LEAVING THE SCENE OF THE ACCIDENT CHARGE WAS DISMISSED.

Apr 4, 2007 Case: 05-002647MM10A Judge Diaz

Facts:

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.

Result:

The DUI was DISMISSED.

Mar 30, 2007 Case: 05-21347MM10A Judge Diaz

Facts:

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.

Result:

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

Facts:

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.

Result:

The State dropped the DUI on the morning of trial.

Mar 26, 2007 Case: 489375-X Judge Arzola

Facts:

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.

Result:

The State dropped the DUI.

Mar 22, 2007 Case: 06-CT-017324A02 (JURY TRIAL) Judge Damico

Facts:

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.

Result:

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

Facts:

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.

Result:

THE DEFENDANT WAS FOUND NOT GUILTY.

Mar 21, 2007 Case: 05-020409MM10A Judge Robinson

Facts:

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.

Result:

The State dropped the DUI.

Mar 20, 2007 Case: 05-008147MM10A Judge Diaz

Facts:

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.

Result:

The State dropped the DUI on the morning of trial.

Mar 19, 2007 Case: CT-126965-J Judge Conrad

Facts:

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.

Result:

The State dropped the DUI.

Mar 19, 2007 Case: 489961-X Judge Krieger-Martin

Facts:

The defendant was involved in a crash whereby she hit a utility pole. When the officer arrived, the defendant was outside her car. He observed the defendant to have an odor of alcohol, slurred speech, and extreme unsteadiness. The defendant performed poorly on roadside tests. For example, on the walk an turn test, she took 39 steps up the line instead of the required nine. On the one leg stand, she put her foot down seven times. After her arrest, the defendant blew a .274 in the breath machine, admitted to drinking wine, and feeling the effects of the alcohol.

Result:

The State dropped the DUI.

Mar 19, 2007 Case: 6219-XAE Judge Bloom

Facts:

The defendant was stopped for speeding, failing to maintain a single lane, and nearly striking other vehicles. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused the roadsides and the breath test.

Result:

The State dropped the DUI.

Mar 13, 2007 Case: 38-2006-CT-000624-A (JURY TRIAL) Judge Smith

Facts:

The defendant was stopped for driving with the ramps to his tractor trailer gouging the road. The officer observed an odor of alcohol and extremely slurred speech. In addition, he stated that the defendant was staggering throughout the investigation. After failing the field sobriety tests he was arrested for DUI. This was his 3rd offense for DUI.

Result:

THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES.

Mar 4, 2007 Case: 48-2006-CT-004751-W Judge Allen

Facts:

The defendant made an illegal u-turn in front of two emergency vehicles. The officer observed an odor of alcohol,bloodshot eyes and a fixed stare. When he spoke, his speech was slow. He also noticed that the defendant was unsteady on his feet. After attempting to perform the eye test he refused to do anything else. He was subsequently arrested for DUI.

Result:

The DUI was dismissed.

Feb 23, 2007 Case: 06-CT-032760ASB Judge Corlew

Facts:

The defendant was stopped by police after other driver's made a call that the defendant was driving all over the road. When an officer spotted the defendant's car, he noticed a similar erratic driving pattern and a traffic stop was conducted. The officer noticed an odor of alcohol and blood-shot eyes. A DUI officer was called to conduct an investigation. Once the DUI officer arrived, he made similar observations, along with slurred speech, and he saw the defendant fumbling with his driver's paperwork. The defendant refused the roadside tests and the breath test.

Result:

The State dropped the DUI.

Feb 22, 2007 Case: M06-028737 Judge Newman

Facts:

The defendant was charged with Boating Under the Influence. He was stopped by the police for reckless boating. When the police boarded the boat, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all roadside tests. For example, he stepped off the line numerous times on the walk and turn test, put his foot down on the one leg stand at least three times and was very off balance. He refused the breath test after his arrest for DUI.

Result:

On the morning of jury trial, the State DISMISSED THE DUI.

Feb 20, 2007 Case: 1733-XDK Judge Ortiz

Facts:

The defendant was stopped at a roadblock checkpoint. The officer observed an odor of alcohol, mumbled speech and watery eyes. The defendant admitted to having a couple of beers and performed poorly on the roadside tests. He refused the breath test after his arrest for DUI.

Result:

On the morning of trial and just prior to arguing the motion, the STATE DROPPED THE DUI.

Feb 13, 2007 Case: 04-20289CF10A (JURY TRIAL) Judge M. Kaplan

Facts:

The defendant was involved in a rear end crash. When the first officer arrived on scene he observed a strong odor of alcohol, bloodshot eyes and extremely slurred and mumbled speech. In addition, he noticed that the defendant was having a difficult time standing up and walking without stumbling. After making these observations he called for a DUI task force officer. The task force officer observed all of the same signs and then conducted field sobriety tests. He stated that after failing each field sobriety test, including the one leg stand, finger to nose and rhomberg balance test, the defendant was arrested and charged with a Felony DUI 4th offense, and 2 counts of DUI causing injury and/or property damage.

Result:

The Jury found the defendant NOT GUILTY ON ALL CHARGES.

Feb 10, 2007 Case: 2007-CT-1885 Judge Tanner

Facts:

The defendant was stopped for attempting to drive into a U.S. Naval Base. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 4 beers. The defendant allegedly failed field sobriety tests and was asked to provide a breath test. He subsequently blew a .108 in the breath machine.

Result:

The State dropped the DUI.

Feb 10, 2007 Case: 07-006668-CT Judge Duryea

Facts:

The defendant was involved in a traffic crash whereby he hit a power pole. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having five drinks. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He blew a .148 in the breath machine after his arrest for DUI.

Result:

The State dropped the DUI.

Feb 7, 2007 Case: 06-014831MM10A Judge Ireland

Facts:

The defendant was stopped for speeding as well as weaving on the roadway. The trooper observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant admitted to drinking four "jack and cokes." Prior to performing the sobriety tests, the trooper said the defendant was swaying from side to side. On video the defendant was unsteady on both the walk and turn and the one leg stand test. He was arrested for DUI and blew a .081 in the breath machine.

Result:

The State dropped the DUI.

Feb 7, 2007 Case: 05-024487MM10A Judge Lerner-Wren

Facts:

The defendant was stopped at a DUI checkpoint. The officer observed swaying, slurred speech and dilated eyes. The defendant failed each sobriety test and was arrested for DUI. The defendant gave a urine sample which revealed several controlled substances in his system.

Result:

The motion was granted and the DUI was dismissed.

Feb 7, 2007 Case: 07-001536MM10A Judge Ross

Facts:

The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI.

Result:

Rather than put the officer on the stand, the state dropped the DUI.

Feb 7, 2007 Case: 03-030181MM10A Judge Robinson

Facts:

The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine.

Result:

The motion was granted and the DUI was dropped.

Feb 4, 2007 Case: 188014-J Judge Arzola

Facts:

The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test.

Result:

The State dropped the DUI.

Feb 4, 2007 Case: 377205-W Judge Newman

Facts:

The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine.

Result:

ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI.

Feb 4, 2007 Case: 04-008314MM10A Judge Diaz

Facts:

The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine.

Result:

The motion to exclude the breath test was granted and the State dropped the DUI.

Jan 30, 2007 Case: 05-016533MM10A (JURY TRIAL) Judge Lerner-Wren

Facts:

The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids.

Result:

The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers.

Jan 24, 2007 Case: 06-003147MM10A Judge Murphy

Facts:

The defendant was stopped for making a wide turn across 3 lanes of traffic and then weaving on the roadway. After observing a strong odor of alcohol, bloodshot eyes and slurred speech, the officer called for a DUI deputy. The deputy made the same observations, as well as a lack of balance. The defendant failed the field sobriety tests and was subsequently arrested for DUI. He later blew a .121 in the breath machine.

Result:

The State dropped the DUI on the morning of trial.

Jan 19, 2007 Case: 06-CT-1908-XAM Judge Barber

Facts:

The defendant was stopped for weaving and almost hitting a curb which was captured on video. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests which were also video taped. After his arrest for DUI, the defendant blew a .195 in the breath machine.

Result:

The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case.

Jan 19, 2007 Case: 06-CT-1228-XAM Judge Barber

Facts:

The defendant was initially seen by an officer standing outside her car. The defendant's car was obstructing traffic at the time the officer came upon the scene. The officer approached the defendant and asked if it was her car in which the defendant told her "yes". The officer noticed and odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called and made similar observations. The defendant was asked to perform field sobriety tests which she failed. After her arrest for DUI, the defendant blew a .215 in the breath machine.

Result:

On the day of the motion hearing, the STATE DROPPED THE DUI.

Jan 17, 2007 Case: 05-11405MM10A Judge Cowart

Facts:

The defendant was stopped for speeding. The officer stated there was a delay in the defendant responding to his police lights. He observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant refused the roadside tests. The defendant was slow and sluggish in answering the officer's questions. He subsequently tested positive for marijuana in a urine test.

Result:

On the morning of jury trial, the STATE DROPPED THE DUI.

Jan 16, 2007 Case: 4673-XAP Judge Newman

Facts:

The defendant lost control of her vehicle and was involved in an accident. The officers noticed an odor of alcohol, bloodshot eyes and slurred speech. Because of the physical condition of the defendant, a breath test was impractical. The blood test revealed a .186 alcohol level.

Result:

The blood test was excluded and the State dropped the DUI.

Jan 10, 2007 Case: 07-CT-8304-XCF Judge Rice

Facts:

The defendant was stopped for failing to maintain a single lane 6 times with a quarter of a mile. The officer detected an odor of alcohol and the defendant admitted to drinking 2 beers and taking anxiety medication. The defendant was unsteady on her feet and allegedly failed the field sobriety tests. She was subsequently arrested for DUI. She blew a .113 in the breath machine.

Result:

The State dropped the DUI.

Jan 10, 2007 Case: 07-CT-0289-EZH Judge Rice

Facts:

The defendant ran a red light causing a traffic crash. The Deputy observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness on his feet. In addition to providing the defendant with field sobriety tests, the deputy also had him blow into a portable breath machine called an alco-sensor. The alco-sensor registered positive for alcohol and the defendant was arrested for DUI. At the police station, the defendant blew a .158 in the breath machine.

Result:

The State dropped the DUI.

Jan 10, 2007 Case: 07-CT-009168-XDK Judge Rice

Facts:

The defendant was sleeping in a vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and bloodshot eyes. She failed the one leg stand as well as the walk and turn tests. She was arrested for DUI and blew a .163 in the breath machine.

Result:

The State dropped the DUI.

Jan 3, 2007 Case: 06-CT-030599ASB (TRIAL) Judge Marx

Facts:

The defendant was stopped for crossing over lanes of traffic without signaling, hitting his brakes numerous times, and driving at different speeds. The officer observed an odor of alcohol, thick/slurred speech, and bloodshot eyes. The defendant was also argumentative with the officer. The defendant refused the roadside tests and breath test.

Result:

The defendant was found NOT GUILTY AT TRIAL.

Dec 20, 2006 Case: 06-9110MM10A Judge Ross

Facts:

The defendant was involved in an accident whereby he struck a flatbed wrecker. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and appeared to be lethargic. Prior to the field sobriety tests he was swaying side to side and wobbling. On the walk and turn he failed to walk heel to toe and stepped off the line. On the finger to nose he failed to touch the tip of his nose and used the wrong hand. On the one leg stand he failed to keep his foot in the air. He was subsequently arrested for DUI. This was his SECOND DUI.

Result:

Motion granted DUI Dismissed.

Dec 9, 2006 Case: CTC-069970-XAN-TWS (JURY TRIAL) Judge Salton

Facts:

The defendant was stopped driving with his high beams. The officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered as he exited the vehicle and was unsteady on his feet. He performed poorly on roadside tests. For example, he put his foot down numerous times on the one leg stand. On the walk and turn, he never touched heel to toe, used his arms for balance, and stepped off the line. The defendant also incorrectly recited the alphabet.

Result:

Dec 9, 2006 Case: CT-001448-XAM Judge Lefler

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to drinking and performed poorly on roadside tests. He blew a .109 in the breath machine after his arrest for DUI.

Result:

The State dropped the DUI.

Dec 7, 2006 Case: 04-005134MM10A (JURY TRIAL) Judge Gehl

Facts:

The defendant was seen driving 72mph in a 50mph zone. After the police put their lights on the defendant failed to pull over for approximately 1/2 of a mile. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform 3 field sobriety tests which were all on video. On the one leg stand the defendant could not raise his foot off the ground for more than 2 seconds. On the walk and turn test the defendant failed to touch heel to toe and took the improper number of steps. On the finger to nose test the defendant failed to touch the tip of his nose to the tip of his finger. He was arrested for DUI and blew a .086 in the breath machine.

Result:

The Jury found the defendant NOT GUILTY in 5 minutes.

Dec 6, 2006 Case: 04-25327MM10A Judge Diaz

Facts:

The defendant was involved in an accident. While on scene, the officers observed an odor of alcohol, slurred speech, blood-shot eyes. While observing the defendant walk, he was very unsteady on his feet. The defendant admitted to drinking six beers to one of the officers and that he was the driver in the accident. The defendant was transported to the hospital where he refused to submit to a blood test.

Result:

The motion was granted and the statements made by the defendant were excluded from evidence. The State was unable to prove the defendant was the driver of the vehicle. The State dropped the DUI.

Dec 6, 2006 Case: 386248-W Judge Newman

Facts:

The defendant was stopped for racing on the highway. The officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having some cranberry and vodkas. He performed poorly on roadside tests. For example, on the walk and turn, he raised his arms for balance and took the incorrect number of steps. On the one leg stand, the defendant put his foot down three times and raised his arms for balance. He was subsequently arrested for DUI.

Result:

The State dropped the DUI.

Dec 6, 2006 Case: 376783-W (JURY TRIAL) Judge Bloom

Facts:

The defendant was stopped for making an illegal turn and almost colliding with a police officer. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After the defendant exited his vehicle, the officer noticed the defendant staggering as he walked. Based on these observations, he called for a DUI task force officer to conduct an investigation. Upon arrival, the DUI task force officer made observations that were consistent with driving under the influence. The officer conducted the eye test (HGN) and the defendant refused further testing. He was subsequently arrested for DUI.

Result:

The jury found the defendant NOT GUILTY in 15 minutes.

Dec 5, 2006 Case: 05-003174TCA02 Judge Damico

Facts:

The defendant was involved in a crash which he flipped over on his motorcycle. He was transported to the hospital for his injuries. When the officer arrived at the hospital to investigate the crash, he observed the defendant to have an odor of alcohol, slurred speech, and severe balance problems. Blood was taken from the defendant which revealed a blood alcohol level of a .232.

Result:

The State dropped the DUI.

Nov 29, 2006 Case: 06-5179MM10A Judge Gehl

Facts:

The defendant was stopped for swerving off of the roadway and onto the grass. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer noticed that the defendant held onto the door for balance. On the walk and turn test the officer stated that the defendant failed to walk heel to toe and stepped off the line. On the one leg stand he observed swaying from side to side. The defendant was arrested for DUI.

Result:

The State dropped the DUI on the morning of trial.

Nov 27, 2006 Case: 503631-W Judge McWhorter

Facts:

The defendant was stopped for driving the wrong way on a one way street. When she exited the car the officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer wrote in the report that the defendant could hardly stand up. After performing the field sobriety tests she was arrested for DUI. The defendant subsequently blew a .189 in the breath machine.

Result:

The State dropped the DUI.

Nov 27, 2006 Case: 489550-X Judge Krieger-Martin

Facts:

The defendant was stopped for running a red light and cutting off a police officer. The officer stated that the defendant fumbled while looking for his license and registration. He also observed an odor of alcohol and bloodshot eyes. On the finger to nose test he failed to touch the tip of his nose on 5 of the 6 attempts. On the one leg stand he put his foot down 5 times. The defendant was arrested for DUI.

Result:

The State dropped the DUI.

Nov 27, 2006 Case: 504325-W Judge Mills-Francis

Facts:

The defendant was observed slumped over the wheel with vomit inside the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car he had great difficulty maintaining his balance. The defendant could not perform any field sobriety tests because he couldn't stay awake. He was arrested and blew a .186 in the breath machine.

Result:

The State dropped the DUI.

Nov 27, 2006 Case: 06-12987MM10A Judge Pollack

Facts:

The defendant was observed slumped over the wheel of the vehicle with the engine running. The officer noticed a strong odor of alcohol as well as urine on the pants of the defendant. The defendant was also observed to be off balance. He was subsequently arrested for DUI.

Result:

The State dropped the DUI.

Nov 20, 2006 Case: 489358-X Judge Krieger-Martin

Facts:

The defendant was stopped by the police after being found at a green light slumped over the wheel passed out. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After performing field sobriety tests, the defendant was arrested for DUI. He blew a .088 in the breath machine after his arrest for DUI.

Result:

The State dropped the DUI.

Nov 16, 2006 Case: 377306-W Judge Krieger-Martin

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood shot-eyes. The defendant performed poorly on roadside tests according to the arresting officer and she admitted drinking beer. After the defendant's arrest for DUI, she blew a .104 in the breath machine.

Result:

The State dropped the DUI.

Nov 15, 2006 Case: 06-020693TCA04 Judge Cohen

Facts:

The defendant was stopped for speeding and crossing the double yellow lines three times. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted drinking wine and beer. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant did not touch heel to toe numerous times and "wobbled" up and down the line. On the one leg stand, the defendant lost his balance numerous times and could not complete the test.

Result:

The DUI was dismissed.

Nov 9, 2006 Case: 286103-X Judge McWhorter

Facts:

The defendant was stopped for driving the wrong way down a one way street. The defendant staggered out of her vehicle. The officer noticed bloodshot eyes, an odor of alcohol and slurred speech. The defendant refused field sobriety tests and blew a .205 in the breath machine.

Result:

The DUI was dismissed.

Nov 9, 2006 Case: 459701-X Judge Newman

Facts:

The defendant was stopped for sleeping inside his vehicle on a railroad crossway. The officer noticed a strong odor of alcohol, slurred speech and bloodshot eyes. The defendant stumbled out of his vehicle and could not keep his balance. He failed each sobriety test and was arrested for DUI.

Result:

The DUI was dismissed.

Nov 5, 2006 Case: 05-025824TCAO4 Judge Corlew

Facts:

The defendant was stopped for drifting on the road. The officer noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant admitted to four beers and two shots. He failed each sobriety test and was arrested for DUI.

Result:

The State conceded the motion and the case was DISMISSED.

Nov 1, 2006 Case: 05-34282TCA99 Judge Moyle

Facts:

The defendant was stopped at a sobriety checkpoint. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking four beers. The defendant allegedly failed each field sobriety test and was arrested for DUI.

Result:

The DUI was dismissed.

Nov 1, 2006 Case: 2886-DKZ Judge Newman

Facts:

The defendants vehicle was stopped for no apparent reason in a lane of travel. When the officer approached the driver he noticed an odor of alcohol, bloodshot eyes and a flushed face. Due to the physical indicators displayed by the defendant of the sobriety tests he was arrested for DUI. A drug evaluation was also done indicating that the defendant was under the influence of marijuana.

Result:

The DUI was dismissed.

Nov 1, 2006 Case: 04-21359MM10A Judge Berman

Facts:

The defendant was stopped for speeding. Upon contacting the defendant the officer noticed bloodshot watery eyes, flushed face and an odor of alcohol. Upon exiting the car the defendant was extremely unsteady on her feet. She admitted to drinking a few New Castle and Guinness.

Result:

The State dropped the charges on the day of trial.

Oct 26, 2006 Case: 086194-J Judge Arzola

Facts:

The defendant was involved in a crash whereby he rear-ended another car. The first trooper on the scene noticed an odor of alcohol, balance problems, weird behavior, and had to assist the defendant out of the car to the side of the road as he felt he was going to fall. A DUI officer was called who also observed and odor of alcohol. The defendant performed the HGN test (eye test) and walk and turn exercise. He was arrested for DUI and blew a .166 (over twice the legal limit) in the breath machine. This was the defendant's second offense.

Result:

The Judge found all the testimony contradictory, a complete lack of recollection, and overall not credible. The Judge GRANTED THE MOTION THROWING OUT ALL THE EVIDENCE. THE STATE SROPPED THE DUI.

Oct 25, 2006 Case: 05-016915TCA02 Judge Cohen

Facts:

The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, slurred speech, and the defendant appeared confused. The defendant performed poorly on roadside tests. For example, on the one leg stand, the officer wrote the defendant put his foot down thirteen times. After his arrest for DUI the defendant refused the breath test.

Result:

The day before Jury Trial, the State DROPPED THE DUI.

Oct 23, 2006 Case: 411172-X Judge Lindsey

Facts:

The defendant was stopped for driving the wrong way down a down a one way street. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to the scene and he made similar observations. The defendant performed poorly on roadsides and vomited in the back of the officer's patrol car. The defendant blew a .110 in the breath machine.

Result:

The State DISMISSED THE CASE on statute of limitations grounds.

Oct 19, 2006 Case: 1054-XCF Judge Lindsey

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. Upon exiting the vehicle, the officer attempted to begin the DUI investigation. The defendant took off running with his child through the everglades. Police dogs and helicopters were called to locate the defendant in the swamp. The defendant was eventually caught and arrested for DUI among numerous other felony charges which were separated from the DUI count. This was the defendant's second DUI.

Result:

The State DROPPED THE DUI.

Oct 17, 2006 Case: 06-001459TCA04 (TRIAL) Judge Damico

Facts:

The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, red eyes, slurred speech, and slow movements. The defendant stated he drank two glasses of wine and was swaying throughout the encounter. The arresting officer had the defendant perform the walk and turn, finger to nose, alphabet, and finger count tests. According to the officer, the defendant performed poorly and arrested him for DUI. The defendant refused the breath test and this was his second DUI.

Result:

The defendant was found NOT GUILTY.

Oct 16, 2006 Case: 05-4204MM10A Judge Lerner-Wren

Facts:

The defendant was stopped for driving at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the officer stated the defendant used the car door for support. The officer then called for a DUI officer who had a camera in his car. The DUI officer arrived and made similar observations as the first officer. He asked the defendant to perform field sobriety tests but he refused. The defendant was arrested for DUI.

Result:

The Motion was granted and the case was DISMISSED.

Oct 10, 2006 Case: 06-1775CTA1 Judge Yacucci

Facts:

The defendant was stopped for failure to maintain a single lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant told the officer she was coming from Charlie's Happy Time Bar. The officer further observed slurred speech and that the defendant was swaying from side to side. She was unable to exit the car without holding onto the door for balance. The defendant refused to take any tests and was arrested for DUI. Since this was her second refusal she was charged with the crime of refusing a breath test.

Result:

The State dropped the DUI and the Judge dismissed the Refusal charge.

Oct 8, 2006 Case: 06-1676CT Judge Crown

Facts:

The defendant was stopped for erratic driving while making a turn. His truck spun out 180 degrees. The officer's observed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officers. On the one leg stand, he put his foot down numerous times. On the walk and turn, he stepped off the line several times, missed heel to toe, and used his arms for balance. He was arrested for DUI and refused the breath test.

Result:

or to the motion, the STATE DROPPED THE DUI.

Oct 7, 2006 Case: 05-020025MM10A Judge Zack

Facts:

The defendant was stopped at a sobriety checkpoint. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the walk and turn and one leg stand test. He stated that after she failed the sobriety tests he arrested her for DUI. She blew a .195 in the breath machine.

Result:

The DUI was dismissed.

Oct 7, 2006 Case: 2006-MM-00578-A Judge Fowler

Facts:

The defendant was observed weaving on the road while driving a scooter. The officer noticed an odor of alcohol and bloodshot eyes. The defendant became violent and refused to participate in any sobriety testing. The defendant was arrested for DUI.

Result:

The State dropped the DUI.

Oct 7, 2006 Case: 501099-W Judge Newman

Facts:

The officer was notified by the defendant's girlfriend that the defendant had two bottles of wine and was driving home drunk. The girlfriend then pointed out the defendant's car driving northbound. After stopping him the officer observed an odor of alcohol, bloodshot eyes, flushed face and rapid speech. Based on the high level of intoxication the defendant failed each of the sobriety tests. He was arrested for DUI and blew a .146 in the breath machine.

Result:

The State conceded the motion and dropped the DUI.

Oct 7, 2006 Case: 550931-X Judge Bloom

Facts:

The defendant was stopped for running a red light. The defendant was unsteady on his feet and had to hold onto the door for balance. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn test the defendant lost his balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand he swayed and dropped his foot throughout the test. He was arrested for DUI and blew a .193.

Result:

The DUI was DISMISSED.

Oct 7, 2006 Case: 508647-X Judge Newman

Facts:

The defendant was stopped for swerving and driving into oncoming traffic. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The officer stated that the defendant failed all 3 field sobriety tests and was arrested for DUI. She was arrested for DUI and blew a .270, .212 and a .240.

Result:

The State conceded the motion the DUI was DISMISSED.

Oct 4, 2006 Case: 05-000673MM10A Judge Robinson

Facts:

The defendant was found slumped over the wheel by an FHP trooper on the side of the road. The defendant was unresponsive to the police in their numerous attempts to awaken him. The officer observed an odor of alcohol, slurred speech and he was very confused. The defendant was asked to perform roadside tests and performed very poorly. For example, on the walk and turn, he was unsteady, almost fell and missed heel to toe on almost every step. On the one leg stand, he used his arms to balance and dropped his leg at number five when he was supposed to go to thirty. The defendant stated he had three "Johnny Walker Black" drinks and he refused the breath test after his arrest for DUI.

Result:

The State dropped the DUI.

Sep 29, 2006 Case: 05-036804TCA08 Judge Eissey

Facts:

The defendant was involved in a traffic crash where he was hit on his driver's side. Paramedics had to extract him from the car due to the door being stuck. The police officer noticed an odor of alcohol, unsteadiness, and the defendant appeared dazed. The defendant admitted having three drinks. He was transported to the hospital for his injuries. At the hospital, he refused to give blood to the officer and was subsequently arrested for DUI.

Result:

The State dropped the DUI.

Sep 28, 2006 Case: 2005-CT-023142 SC Judge Denkin

Facts:

The defendant was stopped for almost hitting a vehicle at an intersection. Furthermore, the defendant almost struck a police car at the same intersection. The officer noticed an odor of alcohol, red eyes, and very slurred speech. A DUI officer was called to conduct roadside tests. The defendant was video taped at the scene and he performed very poorly on all the tests. In fact, the one leg stand test was stopped for the defendant's safety. This was the defendant's second offense and he refused the breath test.

Result:

The Judge granted the motion and threw out all the roadside tests from evidence. The State dropped the DUI.

Sep 27, 2006 Case: 06-TC-002155 Judge Legendre

Facts:

The defendant was involved in a traffic crash in which the vehicle hit a guard-rail. The officer noticed an odor of alcohol and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .090 in the breath machine after his arrest for DUI.

Result:

The State dropped the DUI.

Sep 25, 2006 Case: 508490-X Judge Lindsey

Facts:

The defendant was observed driving through a stop sign. After conducting a traffic stop the officer noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to drinking 4 beers. On the one leg stand he dropped his foot on the ground several times. On the walk and turn he failed to touch heel to toe and lost his balance during the instructions. The defendant was arrested and blew a .140. A search of the car revealed a bag of marijuana.

Result:

After several contradictions in testimony the State dropped the DUI.

Sep 25, 2006 Case: 503705-W Judge Arzola

Facts:

The defendant was involved in an accident with a police car. Once outside the vehicle the officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line, failed to walk heel to toe, and raised his arms for balance throughout the test. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. The defendant was arrested for DUI.

Result:

The State dropped the DUI.

Sep 25, 2006 Case: 508969-X Judge Mills-Francis

Facts:

The defendant was stopped for running a red light. The officer noticed a flushed face, bloodshot eyes and an odor of alcohol. The defendant failed both the one leg stand and the walk and turn test. He was arrested for DUI and blew a .117.

Result:

The State dropped the DUI.

Sep 25, 2006 Case: 403782-X Judge Lindsey

Facts:

The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol. The defendant failed 3 different roadside tests and blew a .119 in the breath machine.

Result:

The State dropped the DUI.

Sep 25, 2006 Case: 489281-X Judge Mills-Francis

Facts:

The defendant was stopped for speeding and squealing his tires. The Sgt. observed a flushed face, bloodshot eyes and an odor of alcohol. On the one leg stand the defendant dropped his foot on number 5 and raised his arm throughout the test. On the walk and turn the defendant stepped off the line and failed to touch heel to toe.

Result:

The DUI was dismissed.

Sep 25, 2006 Case: 317020-X Judge Newman

Facts:

The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. According to the officer, the defendant failed each of the field sobriety tests. She was subsequently arrested for DUI and blew a .195 in the breath machine.

Result:

The State dropped the DUI.

Sep 22, 2006 Case: 06-791-T Judge Bell

Facts:

The defendant was involved in a rear end collision. The officer noticed an odor of alcohol, staggering, slurred speech, and blood-shot eyes. The defendant had blood all over his face and clothing. The defendant performed poorly on roadside tests and was arrested for DUI. He subsequently refused the breath test.

Result:

The State dropped the DUI.

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