| Jun 12, 2010 | Case: 09-003338MM10A | Judge Seidman |
| Facts: | The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 7, 2010 | Case: CT-005923-XEC | Judge Huey |
| Facts: | The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI. | |
| Result: | The State Dropped the DUI. | |
| May 26, 2010 | Case: 09-015087MM10A | Judge Murphy |
| Facts: | The defendant hit a parked car in a parking lot. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking. On the one leg stand test, the defendant could only hold his foot up for 4 seconds then could not complete the task. On the finger to nose test, the defendant missed his nose and used the wrong hand. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 26, 2010 | Case: 09-3124MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant was stopped for speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The officer who responded observed the same as above plus a flushed face, stumbling, and the defendant holding the car door for support. The defendant refused to perform the roadsides. He was arrested for DUI and then refused the breath test. This was the defendant's fourth DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. It should be noted, the firm won the defendant's third DUI arrest for DUI at a jury trial also. | |
| May 20, 2010 | Case: CT-001285-XDY | Judge Thomas |
| Facts: | The defendant crashed his car into a telephone pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. He was slow to respond to the officers' commands and had glassy/droopy eyes. He refused to do the roadside tests and then refused the breath test. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| May 19, 2010 | Case: 09-007486MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving 63mph in a 35mph zone. The stopping officer was a member of the DUI task force. His initial observations were an odor of alcohol, bloodshot/watery eyes, slurred speech, lethargic movements and a flushed face. The deputy observed swaying while the defendant exited the vehicle. Based on the observations, the deputy requested that the defendant perform field sobriety tests. On the walk and turn test the defendant failed to touch heel to toe and stepped off the line. On the one leg stand test the defendant dropped his foot four separate times. On the finger to nose test the defendant failed to touch the tip of his nose on all six attempts. The defendant was arrested for DUI and provided a urine sample which tested positive for cannabis. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| May 18, 2010 | Case: 2009-CT-009929AXXX (JURY TRIAL) | Judge Bonavita |
| Facts: | The defendant was stopped for driving 100 mph in a 45 mph zone. The officer who made the stop observed an odor of alcohol, delayed responses, extremely slurred speech, and red/glassy eyes. He then called for another officer to conduct the DUI investigation. The other officer, who was doing his first DUI investigation, observed slurred speech, an odor of alcohol, a slight sway, and the defendant admitted to having three beers. The defendant agreed to perform the roadside tests which were not video taped. He performed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .141 and .138 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| May 11, 2010 | Case: 2010-CT-001793AXX | Judge Moyle |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. He admitted to drinking a long island iced tea. He performed poorly on roadside tests according to the officer. For example, on the walk and turn, he raised his arms, failed to touch heel to toe, and stepped off the line. On the one leg stand, he swayed and did not look at his foot. On the finger to nose, he did not touch the tip of nose several times. After his arrest for DUI, he blew a .139 and .135 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 10, 2010 | Case: 2010-MM-004357A | Judge Woodard |
| Facts: | The defendant was stopped for driving on the rim of his tire with sparks flying. The officer noticed an odor of alcohol, bloodshot eyes, an the defendant stated he drank 2-3 beers. He was then asked to perform the roadside tests to which he complied. For example, on the walk and turn, he failed to touch heel to toe and lost his balance. On the one leg stand, he put his foot down and did not look at his foot. After his arrest, he blew a .176, .132, and .138 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 4, 2010 | Case: 2009-CT-3067 | Judge Townsend |
| Facts: | The defendant was stopped for driving under the influence. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the two officers on scene, he failed the field sobriety tests. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 4, 2010 | Case: 8126-XEJ | Judge Ortiz |
| Facts: | The defendant was stopped for running a red light and speeding. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadside tests. For example, on the walk and turn, she lost her balance, stepped off the line, and took more than the required nine steps. On the one leg stand, she put her foot down, swayed, and used her arms for balance. She was arrested for DUI and then blew a .137 and .133 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 1, 2010 | Case: 09-115MM10A | Judge Ross |
| Facts: | The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test. | |
| Result: | THE STATE DROPPED THE DUI on the morning of the trial. | |
| Apr 28, 2010 | Case: 09-0631XBZTES-14 | Judge Sestak |
| Facts: | The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 26, 2010 | Case: 2010-CT-1925 | Judge Boyer |
| Facts: | The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine. | |
| Result: | On the day of trial, the State Dropped the DUI. | |
| Apr 19, 2010 | Case: 9242-XDY | Judge Miranda |
| Facts: | The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test. | |
| Result: | The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case. | |
| Apr 19, 2010 | Case: 8291-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 16, 2010 | Case: 2009-CT-001728 | Judge Jancewicz |
| Facts: | The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Apr 13, 2010 | Case: 10-007617MM10A | Judge Gottleib |
| Facts: | The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2010 | Case: CT-3080-XDY | Judge Conrad |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 10, 2010 | Case: 2010-CT-002732-AXXX | Judge Carr |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
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