| Apr 24, 2009 | Case: 08-025744MM10A | Judge Ross |
| Facts: | The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test. | |
| Result: | The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Apr 23, 2009 | Case: 98-033226MM10A | Judge Diaz |
| Facts: | The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 22, 2009 | Case: 08-007523MM10A | Judge Gehl |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test. | |
| Result: | The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired." | |
| Apr 20, 2009 | Case: 2571-XDP | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 20, 2009 | Case: 0067-XDK | Judge Seraphin |
| Facts: | The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test. | |
| Result: | The State read the sworn deposition on the morning of trial and then Dismissed the DUI. | |
| Apr 14, 2009 | Case: 08-CT-509074 | Judge Adams |
| Facts: | The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | Prior to trial, the State agreed and dropped the DUI. | |
| Apr 14, 2009 | Case: 08-6648MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine. | |
| Result: | The State dismissed the DUI prior to the motion being heard. | |
| Apr 14, 2009 | Case: 08-017281MM10A | Judge Cowart |
| Facts: | The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 13, 2009 | Case: 3959-XDK | Judge Miranda |
| Facts: | The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit). | |
| Result: | The DUI was Dismissed on speedy trial grounds. | |
| Apr 13, 2009 | Case: 9003-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2009 | Case: 09-CT-014423AXX | Judge Bonavita |
| Facts: | The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI. | |
| Result: | Moments before picking a jury, the State Dropped the DUI. | |
| Apr 11, 2009 | Case: 2009-CM-017152 | Judge Lefler |
| Facts: | The defendant was stopped for making an improper turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests which were video taped. According to the officer, he performed poorly and was arrested for DUI. Numerous beers were found in the defendant's car. After his arrest, he blew a .091 and .090 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 6, 2009 | Case: 08-101MM10A | Judge Gehl |
| Facts: | The defendant was stopped for driving eastbound in the west bound lanes. The defendant also ran a red light. The officer observed an odor of alcohol and glassy eyes. She stated she had three glasses of wine. The defendant refused the roadside tests and the breath test. | |
| Result: | Both motions were granted and the State Dropped the DUI. | |
| Apr 5, 2009 | Case: 48-2008-CT-004316-O | Judge Brewer |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had two drinks and fumbled while looking for his driver's license. The defendant was arrested after performing the roadside tasks. He blew a .120 in the breath machine after his arrest for DUI. | |
| Result: | The DUI was Dismissed. | |
| Apr 3, 2009 | Case: 2008CT02909 | Judge Arnold |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and a flushed face. After failing each of the sobriety tests the defendant was arrested for DUI. While in jail, the defendant appeared in front of a judge. Without a lawyer, the defendant was convinced to take a plea to a DUI. After being released from jail, he subsequently retained the firm to undo his plea and defend his case. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2009 | Case: 07-012447MM10A | Judge Lerner-Wren |
| Facts: | The defendant was the at fault driver in a five car traffic accident. The officers all noticed that the defendant appeared sleepy and incoherent. His speech was slurred and he was stumbling around the accident scene. While the officer observed a flushed face, he stated that he observed no odor of alcohol. He stated that he takes medication for several injuries that he suffered to his back. The defendant was unable to successfully perform any field sobriety tests and was arrested for DUI. He later provided a urine sample which was positive for opiates, and hydrocodone. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2009 | Case: CT-004881-FYR | Judge Dominguez |
| Facts: | The defendant was involved in a muli-car rear end collision for which he was at fault. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, was slow responding to the officer's questions, and kept repeating himself. Due to the defendant's injuries, he was transported to the hospital. At the hospital, the officer requested that the defendant's blood be drawn. He had previously told the defendant at the scene he would be required to provide blood. The blood results from the lab revealed that the defendant tested positive for alcohol and controlled substances. The defendant was then charged with DUI causing damage to person and/or property while under the influence of alcohol and controlled substances (ie. Xanax and marijuana). | |
| Result: | Prior to the motion, the State dropped the DUI. | |
| Apr 2, 2009 | Case: 08-011362MM10A | Judge Seidman |
| Facts: | The defendant was first seen weaving on the roadway. The officer then observed that she hit the curb before jerking back into her lane. The officer initiated a traffic stop in the parking lot of a gas station. The officer observed a strong odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called to the scene. The defendant performed several field sobriety tests. On the stand and balance test the defendant swayed from side to side. On the finger to nose, she failed to touch her finger to her nose on several attempts. On the walk and turn test, she failed to walk heel to toe and stepped off the line. She was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 30, 2009 | Case: 08-010734MM10A | Judge Ireland |
| Facts: | The defendant was approached by police officers working an undercover drug operation. The defendant just happened to be passing through that area. They approached her car and told her to provide her driver's license. The officers observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant, who was scared because of all the officers around, refused to get out of the car. She was arrested for DUI. | |
| Result: | On the morning of trial and the motion to suppress, the State dropped the DUI. | |
| Mar 30, 2009 | Case: CT-009725-XDK | Judge Rice |
| Facts: | The defendant was stopped after hitting numerous traffic cones in front of an officer. The officer observed an odor of alcohol, bloodshot eyes, and the defendant appeared unsteady and off balance while standing outside of his car. While refusing to do the roadside tasks, the defendant stated, "I am screwed." He was then arrested for DUI. He later refused the breath test. The whole incident was video taped. | |
| Result: | The State dropped the DUI. | |
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