| May 12, 2011 | Case: CT-3436-XGA | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking. The defendant refused the roadside tests was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
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OUR RECENT CRIMINAL DEFENSE VICTORIES
| May 5, 2011 | Case: 10-016713MM10A | Judge Brown |
| Facts: | The defendant was involved in a crash where it was determined that he was the "at fault" driver. After speaking with civilian witnesses the officers observed an odor of alcohol, flushed face as well as bloodshot eyes. The defendant was also staggering outside of the vehicle. The officers administered the walk and turn, one leg stand as well as the finger to nose test. The defendant was unable to perform the tests almost falling to the ground. He was arrested and blew a .175 in the breath machine. | |
| Result: | The Judge Granted the motion. The DUI was DISMISSED. | |
| May 4, 2011 | Case: CT-004219-XEV | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having a few drinks. The defendant used the car for balance and according to the officer performed poorly on the field sobriety tests. After his arrest for DUI, he blew a .112 and .117 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 4, 2011 | Case: CT-0009454-XDY | Judge Conrad |
| Facts: | The police came upon the defendant's car in a ditch running, the car was in park, and the defendant was sleeping. The officer observed the defendant to have an odor of alcohol, used the car for support, and red eyes. According on the officer, she performed poorly on the field sobriety tests which were taped. She was then arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 25, 2011 | Case: 8309-XEE | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The officer who made the traffic stop then called for a DUI officer. The defendant then performed the roadside tasks. He performed poorly and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 25, 2011 | Case: 9627-XEX | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, low speech, and bloodshot eyes. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .117 and .121 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 21, 2011 | Case: 09-020805MM10A | Judge Brown |
| Facts: | The defendant was observed by a deputy sheriff crashing her car into a concrete barrier. The deputy then called for a DUI officer to conduct the investigation. The DUI officer observed unsteadiness and bloodshot eyes. The defendant admitted to drinking and taking xanax. The defendant was placed on video at the breath alcohol testing facility and again admitted to taking xanax. She refused to submit to all testing. | |
| Result: | In the middle of the second officer's testimony the State agreed to drop the DUI. | |
| Apr 20, 2011 | Case: CT-001506-FQE | Judge McNeil |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He performed three field sobriety tests. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand he swayed and put his foot down. The defendant was then arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Apr 20, 2011 | Case: 2010-CM-019809 | Judge McNeil |
| Facts: | The defendant was seen by the police officer parked on the side of the road. The officer went up to the car and observed an odor of alcohol, slurred speech, and red eyes. She was also very unsteady on her feet. She performed very poorly the roadside tests on video tape and was arrested for DUI. While in the back of the patrol car, she started kicking out the back window and was also charged with criminal mischief along with DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI and dismissed the criminal mischief. | |
| Apr 15, 2011 | Case: 09-002439CTMA | Judge Christine |
| Facts: | An anonymous call went out over dispatch that the defendant was driving all over the road. The officer spotted the defendant pulling into a rest stop. A traffic stop was conducted. The officer noticed an odor of alcohol, slurred/mumbled speech, and swaying once out of the car. He had to use the car for balance. He refused the field tests and was arrested for DUI. | |
| Result: | Since there was no corroboration of the driving pattern, the State Dropped the DUI. | |
| Apr 14, 2011 | Case: 10-007617 | Judge Gottleib |
| Facts: | The defendant was stopped for speeding. The stopping officer observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. Based on those observations he contacted another officer to conduct the DUI investigation. The DUI officer arrived and conducted several field sobriety tests. On the one leg stand the defendant hopped and dropped his foot 2 times. On the finger to nose test, he failed to touch his nose on every attempt. On the walk and turn test he failed to walk heel to toe and stepped off the line. He was arrested for DUI and refused to provide a breath test. The defendant had his son in the car and was charged with an enhanced DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2011 | Case: 10-021829MM10A | Judge Gottleib |
| Facts: | The defendant was the at fault driver in a traffic crash. The first officer made observations that were consistent with impairment from alcohol. A DUI task force deputy was called to the scene who observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, the defendant seemed lethargic on video. The defendant performed the HGN (eye test), Walk and turn, as well as the finger to nose test. On The walk and turn test the defendant missed heel to toe, started to soon and took too many steps in both directions. On the finger to nose test the defendant missed the tip of his nose on 5 of the 6 attempts. He was arrested for DUI and refused to submit to a breath test. | |
| Result: | In a meeting with the Prosecutor, the State agreed to drop the DUI. | |
| Apr 5, 2011 | Case: 10-004349MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant was passed out in his vehicle with the keys in the ignition and the engine running. There was a bottle of crown royal whiskey in the passenger seat. The officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant was asked to perform a series of field sobriety tests. On video the defendant performed the one leg stand, walk and turn, HGN (eye test) as well as the finger to nose test. The defendant failed each test. The defendant was arrested for DUI and asked to provide a breath test. He responded by saying "F no, I'm gonna beat you in court". | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Apr 4, 2011 | Case: 3492-XEJ | Judge Seraphin |
| Facts: | The defendant was found passed out in his car by police in a parking lot. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant was confused, disoriented, and unsteady. On video, he performed very poorly on the field sobriety tests. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 4, 2011 | Case: CT-005917-XEC | Judge Jeske |
| Facts: | The defendant was stopped for having no headlights on. The officers observed an odor of alcohol, glassy eyes, and thick tongued speech. According to the officers, 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 1, 2011 | Case: 10-CT-504136 | Judge Gagliardi |
| Facts: | The defendant was stopped for not having his license plate illuminated. The officer observed an odor of alcohol, slurred speech, and watery eyes. His movements were slow and he almost fell to the ground. According to the officer, he failed the roadside tests. For example, on the walk and turn, he missed heel to toe and stepped off the line. He was arrested for DUI and then blew .101 and .104 in the breath machine. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Mar 30, 2011 | Case: 2010-CT-016854-A-0 | Judge Brewer |
| Facts: | The defendant was stopped for weaving on the roadway in his ATV. The officer observed a flushed face, swaying, staggering, and watery eyes. The defendant was unable to stand so for safety reasons no roadsides were conducted. The officer arrested the defendant for DUI believing he was impaired by a chemical and/or controlled substance. | |
| Result: | The State Dismissed the DUI. | |
| Mar 30, 2011 | Case: 2011-CT-000064 (JURY TRIAL) | Judge Epperson |
| Facts: | The defendant was stopped for making a wide right turn, cutting across three lanes of traffic, and weaving for four to five miles. The officer who made the traffic stop observed an odor of alcohol, very slurred speech, and bloodshot eyes. He then called for a DUI Task Force Officer. That officer, who is also a Drug Recognition Expert, arrived and conducted a DUI investigation. He observed an odor of alcohol, swaying, and red/glossy eyes. The defendant performed roadsides which were video taped at the scene. According to the DUI Task Force Officer, he performed poorly and was arrested for DUI. After his arrest, he was on tape in the patrol car cursing and stating he wished the officers were dead. He then refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty in five minutes. | |
| Mar 25, 2011 | Case: 2010-CT-028545AXX | Judge Damico |
| Facts: | The defendant was found by the police passed out in his car at a turn lane where the light was red. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had three to four beers. According to the officer's vague report, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 24, 2011 | Case: 2010-MM-011073-A | Judge Schott |
| Facts: | The defendant was found by police with his car pressed up against a stop sign. The officer noticed an odor of alcohol, red eyes, and slurred speech. There was also beer in the car. At the scene, he performed poorly on roadside tests and was arrested for DUI. Back at the station, and after his arrest, he performed the roadsides again on video tape. | |
| Result: | The State Dropped the DUI. | |
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