| Apr 16, 2024 | Case: 23-CT-502346 | Judge Swett |
| Facts: | The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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Results
| Apr 16, 2024 | Case: 23-006139MU10A | Judge Lerner-Wren |
| Facts: | The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed. | |
| Result: | The DUI was dismissed. | |
| Apr 16, 2024 | Case: 23-CT-502825 | Judge Swett |
| Facts: | The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI. | |
| Defense: | The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call. | |
| Result: | The State dropped the DUI. | |
| Apr 16, 2024 | Case: 23-CT-502825 | Judge Swett |
| Facts: | The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI. | |
| Defense: | The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call. | |
| Result: | The State dropped the DUI. | |
| Apr 16, 2024 | Case: 23-CT-502346 | Judge Swett |
| Facts: | The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 16, 2024 | Case: 23-006139MU10A | Judge Lerner-Wren |
| Facts: | The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed. | |
| Result: | The DUI was dismissed. | |
| Apr 9, 2024 | Case: 23-CT-011790 | Judge Farr |
| Facts: | The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest. | |
| Defense: | We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2024 | Case: 23-CT-011805 | Judge Farr |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2024 | Case: 23-CT-011790 | Judge Farr |
| Facts: | The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest. | |
| Defense: | We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2024 | Case: 23-CT-011805 | Judge Farr |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2024 | Case: 23-CT-012799 | Judge Gutman |
| Facts: | Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test. | |
| Defense: | After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2024 | Case: 23-CT-010802 | Judge Gutman |
| Facts: | The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2024 | Case: 23-CT-012799 | Judge Gutman |
| Facts: | Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test. | |
| Defense: | After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2024 | Case: 23-CT-010802 | Judge Gutman |
| Facts: | The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AI9MN9E | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine. | |
| Defense: | We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AI9MM8E | Judge Lawhorne |
| Facts: | The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AI9MLZE | Judge Lawhorne |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AHPG4VE | Judge Vaccaro |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AI9MN9E | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine. | |
| Defense: | We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2024 | Case: AI9MM8E | Judge Lawhorne |
| Facts: | The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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