The defendant was stopped by officers for making an illegal u-turn into oncoming traffic. The officers noticed that the defendant had an odor of alcohol, red bloodshot watery eyes and a flushed face and lost his balance while exiting the vehicle. The defendant admitted to the officers that he was coming from a party and admitted consuming several beers. He performed poorly on roadside sobriety exercises and refused the breathalyzer test. Acquitted by jury in 20 minutes on 3/05/2007.
The defendant was stopped for speeding 92 mph in a 45 mph zone, after noticing signs of impairment, the defendant was asked to perform roadside exercises on video. The defendant admitted to drinking 1 beer, then later stated 2-3 beers at a bar. After the arrest, the defendant was a again placed on video and when asked if he was \"under the influence\", he responded\" I would say so, don\'t know\". He then refused the breath test. Acquitteed by jury of DUI, speeding charge was also dismissed.
The defendant was stopped for speeding 92 mph in a 45 mph zone, after noticing signs of impairment, the defendant was asked to perform roadside exercises on video. The defendant admitted to drinking 1 beer, then later stated 2-3 beers at a bar. After the arrest, the defendant was a again placed on video and when asked if he was \"under the influence\", he responded\" I would say so, don\'t know\". He then refused the breath test. Acquitteed by jury of DUI, speeding charge was also dismissed.
Facts: The officer was sitting in his car at a stop light waiting to turn when a small car driven by the defendant drove by so fast that the officer’s vehicle literally “rocked”. The officer drove after the suspect and pace clocked the vehicle going 70 in a 45 mph zone. The vehicle slowed down to 65 and then sped back up to 70 miles per hour. After activating his emergency lights, the vehicle did not slow down initially, changed lanes without signaling then braked heavily and stopped in a turn lane just before the entrance to the Walgreens driveway. After asking the driver to move her vehicle, she pulled into the access drive and stopped her car giving the officer no room to pull past her. The officer had to use his P.A. system again to inform her that she needed to pull up further. Upon contact with the driver, he smelled a noticeable odor of an alcoholic beverage coming from her facial area. The driver continued to apologize and kept stating that she just wanted to go to bed. The officer stated that she had bloodshot glassy eyes, slightly slurred speech, dilated pupils and her eyelids were fluttering. The driver admitted to having 2 glasses of wine and taking 2 pills without a prescription for them. The officer also claimed that the driver argumentative and sarcastic with him during the field sobriety exercises. According the officer, on the walk and turn exercise, the driver took 12 steps on the way down and 21 on the way back intead of the instructed 9. She also started early several times and after taking the 21 steps on the way back, she turned to the officer and asked if she should keep going? She would not count even though she was instructed several times to count out loud. The driver was eventually taken into custody for Driving Under the Influence and a breath test was requested to which the driver refused. RESULT: The state dismissed the DUI prior to trial.
The defendant was pulled over by an officer for performing an illegal turn. Thereafter, the officer noticed the defendant to have an odor of alcohol, bloodshot watery eyes and slurred speech. The defendant admitted he was coming from a bar and had consumed a couple of drinks. The defendant performed poorly on roadsides and the original officer\'s observations were confirmed by the DUI Task Force. The defendant refused the breath test. Acquitted by a jury on 2/28/07.
The defendant was involved in a severe one car accident that caused a tremendous damage to three lawfully parked vehicles. This accident was observed by civilian witnesses. An officer arrived on scene and began an investigation and noticed that the defendant was responding strangely to simple questions about the accident. For example, the defendant told the Officer that nothing happened and handed the officer a credit card when asked to provide her drivers license. The officer noticed that the defendant was having great difficulty standing and that her speech was slurred. The defendant was also in possession of two water bottles filled with vodka, but the officer testified that her breat in no way smelled of alcohol. The defendant performed roadside sobriety exercises so poorly that they were stopped for her safety and the defendant refused the breath test. Four counts of DUI with Property Damage were all dropped by the State after the Judge Granted our Motion to Suppress the Defendant’s Arrest for Lack of Probable Cause. The entire case was dismissed.
The defendant was stopped for going 71 MPH in a 55MPH zone. The officer noticed that the defendant had a moderate odor of alcohol on her breath, bloodshot eyes, slurred speech, and staggered while walking. The defendant admitted to being at 2 bars prior to the stop and having 2 beers. The officer requested that the defendant perform Field Sobriety Exercises. The officer’s conclusion was that the exercises were done poorly and he arrested the defendant and charged her with DUI. At the station, the defendant stated “I didn’t take the test last time and I am not going to take it this time” as she refused to provide a breath sample. The case proceeded to trial where a jury found the client not guilty after deliberating for 5 minutes.
The defendant was observed swerving within his lane causing other vehicles to take evasive actions. He was also reacting late to curves and had erratic speed changes. The Defendant was stopped and asked to perform Field Sobriety Exercises after the officer noticed an odor of alcohol coming from the defendant and noticed that his speech was slurred. After performing poorly on the exercises, the defendant was arrested and charged with his 2nd DUI. The officers found 2 cans of Miller Beer when the searched his vehicle. He was transported to the station where he refused to provide a breath sample. Case was dropped on the day of trial.
The defendant was pulled over for failing to maintain a single lane for a ½ mile stretch. The officer noticed that the defendant had a strong odor of alcohol on his breath and bloodshot eyes. After being questioned, the defendant admitted to drinking 2 beers. The officer requested that the defendant perform Field Sobriety Exercises and according to the officer they were done poorly. The defendant was arrested, charged with a 2nd DUI, and then refused to supply a breath sample. Case was dropped on the day of trial.
An officer was dispatched to a crash where the suspect had flipped his SUV on the highway 8 times. The vehicle was on fire and witnesses rushed to the scene and broke the front windshield out with the suspect’s golf clubs and pulled him from the fire. The officer arrived and smelled an odor of alcohol coming from his person, his eyes were glassy and he had slurred speech. The suspect was told he was being investigated for driving under the influence and was read his Miranda rights. The suspect admitted he was coming from a football party and had been drinking. He was asked to give a blood sample to determine his alcohol content on scene and refused that request. The suspect was taken to the hospital for his injuries where the officer again requested that he provide a blood sample to determine the alcohol content of his blood to which the suspect again refused. The firm filed a motion to suppress the refusal to submit to a lawful test of his blood and well as a motion to suppress any statements he made to the officer based upon a Miranda violation concerning the suspect’s right to counsel. Result: Prior to starting the hearing on the Motion to Suppress the State Attorney’s office dismissed the DUI charge.
The defendant was involved in an automobile accident when he rear ended another driver. Police arrived on the scene and noticed that defendant had bloodshot eyes and that his speech was slurred. The defendant performed poorly on roadside sobriety exercises and was arrested for DUI. The presence of Cocaine, Cocaethylene, and Alprazolam were found in defendant’s urine sample that he provided to police. The defendant found not guilty after a jury trial 2-15-07.
