| Jun 15, 2009 | Case: 07-022808MM10A | Judge Diaz |
| Facts: | The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 15, 2009 | Case: 9069-XEJ | Judge Arzola |
| Facts: | The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 11, 2009 | Case: 2009-CT-035931AXXX | Judge Murphy |
| Facts: | The defendant was stopped for failing to maintain a single lane and speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant performed the roadside tests at the request of the officer which were video taped. According to the officer the defendant performed poorly and was arrested for DUI. After his arrest, he blew a .108 and .105 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 11, 2009 | Case: 2008-CT-008021 | Judge Miller |
| Facts: | The defendant was stopped for striking a curb, swerving, and driving to slow. The officer observed an odor of alcohol, bloodshot eyes, and she stumbled as she walked. She performed poorly on the roadsides tests and was arrested for DUI. After her arrest, she blew a .148 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Jun 10, 2009 | Case: 09-2918CFAES (JURY TRIAL) | Judge Siracusa |
| Facts: | The defendant was stopped for speeding and running a stop sign. The officer who made the stop observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer made similar observations in addition to slurred speech. The defendant allegedly swayed, had balance problems, and staggered when he walked. He could not keep his balance during the instructional phase of the walk and turn test and the exercise was discontinued. The defendant refused the rest of the tests and was arrested for DUI. He then refused the breath test. This was the defendant's Fourth DUI and he was charged with Felony DUI. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Jun 5, 2009 | Case: 07-024407MM10A | Judge Lazarus |
| Facts: | The defendant was allegedly driving the wrong way and nearly struck another vehicle that was believed to be driven by an off duty police officer. She then pulled into a parking lot and the car she nearly struck followed her. The off duty police officer blocked her car in and when she tried to leave, she struck his car. He then called the police. The police arrived and noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, very slurred speech, and she was extremely unsteady on her feet. She refused to perform roadside exercises and a breath test. | |
| Result: | The State dropped the DUI due to the lack of credibility of the alleged "off duty officer." | |
| Jun 2, 2009 | Case: 2008-CT-027612AXX | Judge Keyser |
| Facts: | The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking 2-3 glasses of whiskey. He performed field sobriety tests at the request of the officer which were video taped. According to the officer, he performed poorly and was arrested for DUI. At the breath testing facility, he blew a .201 in the breath machine. | |
| Result: | Prior to the motion, the State dropped the DUI. | |
| May 20, 2009 | Case: 07-CT-018881AXX (JURY TRIAL) | Judge Bosso-Pardo |
| Facts: | The defendant was found by the police passed out in his truck parked at a Publix shopping center. When the defendant finally opened the door after a minute of banging by the officer, he had the keys in his hand. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The DUI officer made similar observations, along with the observation of the defendant staggering out of the truck. The defendant performed the field sobriety tests at the request of the officer. According to the officer, he failed and was arrested for DUI. The defendant then agreed to give a breath sample. After trying to blow in the breath machine numerous times, but no reading registered, the police called it a refusal. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant Not Guilty in less than ten minutes. | |
| May 20, 2009 | Case: 09-01761-MMA | Judge Herr |
| Facts: | The defendant was found passed out in her car by the police in parking lot. They observed the defendant to have an odor of alcohol, glassy eyes, and thick tongued speech. The defendant was confused where she was located, stumbled upon getting out of the car, and swayed while outside the vehicle. She refused the roadside tasks and after her arrest for DUI she blew a .154 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 18, 2009 | Case: 0053-XDK | Judge Newman |
| Facts: | The defendant was stopped for driving slowly and weaving. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. The defendant performed the field sobriety tests at the request of the officer. For example, on the finger to nose, she did not touch the tip of her nose one time. On the estimation of time test, she only estimated 22 seconds for 30 seconds, used her arms for balance, and swayed. After her arrest for DUI, she refused the breath test. | |
| Result: | Pursuant to the Statute of Limitations, the DUI was Dismissed. | |
| May 13, 2009 | Case: 48-2007-CT-015567-0 | Judge Allen |
| Facts: | The defendant was stopped for weaving. The officer noticed the defendant had an odor alcohol, fumbled with his paper work, and admitted to having four beers. He performed poorly on the roadside tests according to the officer which were taped. He then blew a .106 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| May 10, 2009 | Case: 5078-XED | Judge Newman |
| Facts: | The defendant was involved in a crash whereby he backed into another car. The officers noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He performed poorly on the roadside tests, admitted to drinking beer, and was arrested for DUI. After his arrest, he blew a .202 and .192 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 6, 2009 | Case: 2009-MM-3488 | Judge Herr |
| Facts: | The defendant was stopped for striking a curb and speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. She also held onto the car for support. She performed the roadside tests at the request of the officer. According to the officer, she failed and was arrested for DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 2, 2009 | Case: 2008-CT-6446 (JURY TRIAL) | Judge Jancewicz |
| Facts: | The defendant was stopped for weaving over the lane markers at least ten times over a two mile period. The officer noticed an odor of alcohol and slurred/mumbled/incoherent speech. Furthermore, the officer observed the defendant swaying as he stood, using his truck for support, and walking slowly. The defendant refused the roadside tests and the breath test. | |
| Result: | The Jury found the defendant Not Guilty in Five Minutes. | |
| May 1, 2009 | Case: 08-010263MM10A | Judge Ross |
| Facts: | The police were dispatched in reference to a black truck parked improperly on the highway with someone sleeping inside. When the police arrived, they made contact with the defendant who was eating "taco bell". The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated that he had four beers and was coming home from a concert. He performed the following field sobriety tests. On the one leg stand the defendant placed his foot down 3 times. On the walk and turn test he failed to touch heel to toe 16 out of 18 times. The defendant was arrested for DUI and blew a .105 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 1, 2009 | Case: 2008MM021691AXXX | Judge Martz |
| Facts: | The defendant was found in a ditch off of the roadway. The officer made contact with the defendant and observed an odor of alcohol and bloodshot eyes. He informed the defendant that he was conducting a DUI investigation. He was subsequently arrested for DUI and refused a breath test. | |
| Result: | The DUI was dismissed. | |
| Apr 29, 2009 | Case: 2008-CT-006673AXX (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for allegedly weaving three times into the bike lane during a DUI saturation patrol. The officer observed an odor of alcohol and glassy eyes. A DUI officer was called who conducted a DUI investigation. He observed balance problems, an odor of alcohol, and slurred speech. The defendant performed the walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew .10 (over the legal limit) into the breath machine. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Apr 27, 2009 | Case: 6446-XDX | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred/slow speech, and bloodshot/watery eyes. The defendant refused both the field sobriety tests and the breath test. | |
| Result: | The State Dropped the DUI on the morning of trial. | |
| Apr 24, 2009 | Case: 07-025830MM10A | Judge Diaz |
| Facts: | The defendant was found passed out in his car by the police. The officer observed an odor of alcohol, flushed face, and red eyes. When asked for his drivers license, the defendant gave the officer money. The defendant failed every roadside test and was arrested for DUI. After his arrest, he blew a .221 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
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