| Jan 20, 2009 | Case: CT-008747-XAM | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, difficulty following directions, bloodshot eyes, and swaying. The defendant only performed the walk and turn exercise. On that exercise, he stepped off the line, took the incorrect number of steps, and used his arms for balance according to the officer's reports. He was then arrested for DUI and refused the breath test. | |
| Result: | The State dismissed the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jan 20, 2009 | Case: 9235-XEC | Judge Miranda |
| Facts: | The defendant was detained by a security guard after he crashed into a concrete divider in a parking garage. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant stated he took Xanax and drank six beers. The defendant failed every field sobriety exercise due to his intoxication level. After his arrest for DUI, he blew a .20 in the breath machine. | |
| Result: | On the day of trial, the State dropped the DUI. | |
| Jan 20, 2009 | Case: 290002-X | Judge Ortiz |
| Facts: | The defendant was involved in a rear end crash for which he was at fault. When the officer's arrived, the defendant was standing outside the car. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused all roadside testing. However, after his arrest for DUI, he blew a .143 in the breath machine. This was the defendant's third DUI. | |
| Result: | The DUI was dismissed. | |
| Dec 2, 2008 | Case: 07-MM-13332 | Judge Eriksson |
| Facts: | The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also had sluggish body movements. He refused roadside sobriety testing and then refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 24, 2008 | Case: 2008CT010121AXXXMA | Judge Arias |
| Facts: | The defendant was involved in a traffic crash where he failed to yield and sideswiped a truck. The officer observed slurred speech, an odor of alcohol, and bloodshot eyes. The defendant submitted to a blood draw at the request of the arresting officer and the results from the lab were a .129 and .129. | |
| Result: | THE STATE DROPPED THE DUI PRIOR TO THE MOTION BEING HEARD. | |
| Nov 19, 2008 | Case: 07-010166MM10A | Judge Gehl |
| Facts: | The defendant was involved in a rear-end collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer's reports. For example, on the walk and turn test, he stepped off the line, used his arms for balance, and took the wrong number of steps. On the one leg stand exercise, he put his foot down five times and swayed. He was then arrested for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 13, 2008 | Case: CT-008921-XCL | Judge Thomas |
| Facts: | The defendant was stopped by a police car after being spotted by a police helicopter weaving down below. The entire driving pattern was captured from the air on DVD. Once the road patrol officer stopped the defendant, he observed an odor of alcohol, bloodshot eyes, and slurred speech. Later, the officer found three open corona beers inside the defendant's vehicle. According to the DUI officer, the defendant performed poorly on the roadside tests which were video taped. After his arrest for DUI, the defendant refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 13, 2008 | Case: 48-2007-CT-1034-E | Judge Allen |
| Facts: | The defendant was found by police passed out and slumped over the wheel of his car. The keys were in the ignition and the engine was making loud noises. The officer noticed an odor of alcohol, the defendant seemed confused, and he admitted to drinking. He performed very poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times and mis-counted several numbers while counting aloud. On the walk and turn test, he stepped off the line, turned incorrectly, and raised his arms for balance. He was then arrested for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 12, 2008 | Case: CT-009021-XAM | Judge Conrad |
| Facts: | The defendant was involved in a crash when his vehicle struck another car in a parking lot. He left the scene of the accident and was eventually caught by police in another parking lot. The police observed the defendant's car on top of a curb against a fence. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed field sobriety tests on video tape. For example, on the walk and turn task, he stepped off the line and did not touch heel to toe. On the one leg stand test, he swayed and used his arms for balance. The defendant was arrested for DUI and Leaving the Scene of an Accident (LSA). After his arrest, he blew a .129 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI AND DISMISSED THE LSA. | |
| Nov 8, 2008 | Case: CT-008511-XCL | Judge Lefler |
| Facts: | The defendant was seen by an officer in a gas station convenience store leaning on a counter and heard very slurred speech. The officer then got in his patrol car and conducted a traffic stop of the defendant since he had already left the station. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech again. A DUI task force officer was called who made similar observations along with the defendant appearing to be unsteady and making many confusing statements. The defendant performed poorly on roadside tests which were video taped. For example, on the walk and turn test, the defendant took twelve steps forward and eleven steps back instead of the nine as instructed. Furthermore, he did not count aloud and was very unsteady. The defendant refused the breath test after his arrest for DUI. This was the defendant's second DUI. | |
| Result: | PRIOR TO THE MOTION, THE STATE DROPPED THE DUI. | |
| Nov 3, 2008 | Case: 48-2008-CT-001153-0 | Judge Bell |
| Facts: | The defendant was stopped for a cracked taillight. The officer noticed an odor of alcohol, bloodshot/glassy eyes, a pale face, and the defendant's balance was unsteady. Also, the defendant's speech was slow and slurred. The defendant refused the roadside tests and was very uncooperative. After his arrest for DUI, he refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 3, 2008 | Case: 489353-X (JURY TRIAL) | Judge Lindsey |
| Facts: | The defendant was stopped for driving through a stop sign at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. The officer also wrote in his reports that the defendant had slurred speech. The defendant refused to perform any roadside tasks, cursed at the officer, and was arrested for DUI. Back at the police station, the defendant refused the breath test and was using profanity towards the officers the entire time. THIS WAS THE DEFENDANT'S THIRD DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY IN LESS THAN FIFTEEN MINUTES. | |
| Nov 2, 2008 | Case: 404719-X | Judge Newman |
| Facts: | The defendant was stopped for running a red light and almost causing an accident. The officer who stopped the defendant noticed an odor of alcohol and balance problems. He then called for a DUI unit. The DUI officer made similar observations in addition to observing thick tongued speech and bloodshot eyes. The defendant performed poorly on roadside tasks according to the officer and was arrested for DUI. He then refused the breath test after his arrest for DUI. This was the defendant's second DUI arrest within a period of five years. | |
| Result: | On the morning of trial, the officer who stopped the defendant could not remember anything about the case and the DUI WAS DISMISSED. | |
| Nov 1, 2008 | Case: 07-5710MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed three field sobriety tests and was arrested for DUI. The defendant blew a .147 in the breath machine. | |
| Result: | Both motions were Granted, and all of the evidence was thrown out. | |
| Oct 30, 2008 | Case: CTC069231EIHANC | Judge Dittmer |
| Facts: | The defendant was stopped for swerving in and out of his lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and swaying. The defendant stated to the officer he drank two Corona beers, a Heineken beer, and one Yager shot. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .08 in the breath machine. The entire incident was captured on video tape. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Oct 27, 2008 | Case: 08-1276-CT | Judge Tinlin |
| Facts: | The defendant was stopped for speeding and swerving for over two miles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he drank a couple of beers. He was asked to perform field sobriety tasks which the defendant complied with the request. For example, on the walk and turn test, he stepped off the line, missed heel to toe, and took the incorrect number of steps. On the finger to nose test, he missed the tip of his nose and swayed. The defendant was arrested for DUI and then refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Oct 21, 2008 | Case: 087076-J | Judge Lindsey |
| Facts: | The defendant was stopped for speeding. The officer observed a strong odor of alcohol and bloodshot watery eyes. He had a noticeable sway to his stance and he agreed to perform field sobriety tests. On the rhomberg balance test, he swayed from left to right. On the one leg stand test he dropped his foot. On the walk and turn test he stepped off the line. On the finger to nose test he missed the tip of his nose with his finger 4 times. He was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 20, 2008 | Case: 48-2007-CT-010716-O | Judge Wixtrom |
| Facts: | The defendant was stopped for driving with his right headlight out. The officer observed an "obvious" odor of alcohol and bloodshot eyes. The defendant admitted to drinking.The defendant performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the walk and turn test, he failed to walk heel to toe, counted incorrectly and stumbled on the turn. He was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Oct 20, 2008 | Case: 2008CT-001665 | Judge Brown |
| Facts: | The defendant was passed out in the right lane of travel with a computer on his lap. The officer observed an odor of alcohol, flushed face, bloodshot eyes and slurred speech. The defendant appeared unsure when he exited the vehicle. He admitted to drinking and was asked to perform field sobriety tests. On the walk and turn test he stepped off the line, failed to walk heel to toe and used his arms for balance. On the one leg stand he failed to count to 30 properly saying 11 twice. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
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