| Jan 9, 2011 | Case: CT-009453-XEF | Judge Lefler |
| Facts: | The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jan 8, 2011 | Case: CT-007655XEY | Judge Lefler |
| Facts: | The defendant was found passed out in his car in a parking lot. His friends had driven him there and he decided not to drive and just sleep it off. The officers noticed an odor of alcohol, bloodshot eyes, and swaying. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .191 and .189 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Dec 20, 2010 | Case: 48-2009-CT-012766-O | Judge Jewitt |
| Facts: | The defendant was stopped for a violation of right of way. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer's vague report, he failed the roadside tests. After his arrest for DUI, he blew .080 in the breath macine. | |
| Result: | The DUI was Dismissed. | |
| Dec 20, 2010 | Case: 48-09-CT-006660-O | Judge Shoemaker |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech and swaying. He performed poorly on the roadside tests and was arrested for DUI. The defendant then blew a .174 and .161 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Dec 17, 2010 | Case: 05-2010-CT-006300AXXX | Judge Atkin |
| Facts: | The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and dilated pupils. The defendant was also observed swaying. No roadside tests were conducted due to the defendant being transported to the hospital. Later on, the defendant was arrested for DUI and he refused to give a blood, breath or urine test. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Dec 15, 2010 | Case: 48-2009-CT-006604-O | Judge Barlow Jr. |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, a tired look, glassy eyes, and staggering. He performed poorly on the roadside tests according to the officer which were not video taped. After his arrest for DUI, he then blew a .126, .126, then a .124 and .123 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Dec 14, 2010 | Case: 09-12881MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was seen by an officer crashing his car into a fence on wet ground. The officer observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and be very unsteady. The defendant did not do any roadside tests on scene because it started to rain so the officer simply arrested the defendant for DUI. After his arrest, he performed the roadside tests on video at the breath alcohol testing facility (ie. the BAT). While there, he attempted to give a breath sample, but could not provide valid samples so the police called it a refusal. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Dec 7, 2010 | Case: 3102-XED | Judge Bloom |
| Facts: | The defendant was involved in crash whereby he was the at fault driver. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he did have some drinks. No roadside tests were conducted on the defendant. He was arrested for DUI. Blood was taken from the defendant and he tested positive for cocaine and his blood alcohol level was a .174. | |
| Result: | The State Dropped the DUI. | |
| Dec 7, 2010 | Case: 6037-XDL | Judge Bloom |
| Facts: | The defendant was stopped for weaving and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and mush mouthed speech. The defendant performed the eye test (HGN) and then was arrested for DUI. He refused all other roadside tests and refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Dec 3, 2010 | Case: 2009-CT-027428AXXX | Judge Hanser |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having a couple of vodka drinks. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dismissed the DUI a few days prior to the jury trial date. | |
| Dec 2, 2010 | Case: 2009-CT-023637AXX | Judge Eissey |
| Facts: | The defendant was stopped by the police for crossing over the stop bar at a red light and then nearly colliding with another car. The officer noticed an odor of alcohol. The defendant refused the roadside tests and asked for a blood test. After his arrest for DUI, he blew a .218 and .221 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 16, 2010 | Case: 10-502946CT | Judge Gagliardi |
| Facts: | The defendant was stopped for weaving and drifting. The officer observed an odor of alcohol, red eyes, and slurred speech. He performed roadside tests at the officer's request which were not video taped. For example, on the one leg stand, he put his foot down and counted the same number twice. On the walk and turn, he stepped off the line and did not touch heel to toe. He was arrested for DUI and then he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 10, 2010 | Case: 10-CT-1557 | Judge Roberts |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, watery eyes and he fumbled through his paperwork. According to the officer, he almost lost his balance upon getting out of the car. He performed very poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 5, 2010 | Case: CT-1744-XDY | Judge Conrad |
| Facts: | The defendant was stopped for almost hitting an officer in a head on collision. The officers observed an odor of alcohol, unstable balance, and bloodshot eyes. He then performed the roadside tests which were video taped. According to the officer, he failed the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and refused the breath test. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Nov 1, 2010 | Case: 09-023257MM10A | Judge Seidman |
| Facts: | The defendant was allegedly the "at fault" driver in a 5 car accident. The defendant was accused of hitting a series of vehicles which were stopped at a red light. Both fire rescue and officers noticed a strong odor of alcohol. In addition, they observed slurred speech and the defendant appeared drowsy. She was subsequently taken to the hospital. The defendant was read her Miranda rights and she stated that she didn't recall being involved in an accident. She then stated that she consumed maker's mark as well as some frozen drinks. The officer stated that he could not determine the defendant's address due to the high level of impairment. The defendant subsequently consented to a blood draw. The result was allegedly a .09 blood alcohol level. | |
| Result: | The State dropped the DUI after the above hearing. | |
| Nov 1, 2010 | Case: 2009-CT-003603 | Judge Steele |
| Facts: | The defendant was stopped for weaving all over the road as observed by the police and other drivers. The officer noticed a very mild odor of alcohol, she leaned against the car for support, and almost fell over to the ground. Her eyes were glassy and she had slurred/mumbled speech. The defendant started to perform the roadside tests but almost fell over and they were stopped for her safety. She was arrested for DUI. The officers believed she was impaired by a chemical and/or controlled substance, not alcohol. | |
| Result: | The DUI was Dismissed. | |
| Oct 29, 2010 | Case: 2010-CT-012438AMB | Judge Moyle |
| Facts: | The defendant was stopped by police as he drove into a crash scene involving a fatality. The officers observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. A flask was spotted in the car along with a Jack Daniels glass bottle. After performing roadside tests not up to the standards of the officer, he was arrested for DUI. He later refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 29, 2010 | Case: 10-504609CT | Judge Adams |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and a flushed face. According to the officer, he performed poorly on the roadside tests. He also vomited three times. He was arrested for DUI and blew a .105 and .095 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Oct 27, 2010 | Case: CT-OO9044-XEF | Judge Courtney |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol and glassy eyes. The defendant performed the roadside tests at the request of the officer which were video taped by the officer's in car camera. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the walk and turn test, she did not touch heel to toe, stepped off the line, and took an incorrect number of steps. She was then arrested for DUI. | |
| Result: | Prior to any motion being argued, the State Dropped the DUI. | |
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