| Jun 10, 2008 | Case: 3919-XDK | Judge Newman |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked to perform the field sobriety tests. According to the officer, the defendant failed the tests. For example, on the walk and turn, he stepped off the line five times and on the finger to nose, he missed the tip of his nose each time. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 6, 2008 | Case: 2007-CT-031198AXX | Judge Marx |
| Facts: | The defendant was stopped for running two red lights. The officer who made the traffic stop, observed an odor of alcohol. He then detained the defendant and called for a DUI unit. The DUI unit arrived and he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking four beers. He performed poorly on the field sobriety tests. For example, he stated the alphabet wrong on that test and on the finger to nose task used the wrong hand on two occasions. After his arrest for DUI, the defendant blew a .136 in the breath machine. | |
| Result: | THE STATE DISMISSED THE DUI. | |
| Jun 5, 2008 | Case: 8377-XCM | Judge Newman |
| Facts: | The defendant was found by the police passed out in his car in a public parking lot. The keys were in the ignition and the engine was running. It took the officers about a minute just to wake the defendant and they had to bang on the window. Once he awoke, the officers observed an odor of alcohol, slurred speech and bloodshot eyes. The defendant told the officers he was in Fort Lauderdale even though he was parked in South Beach. He failed every roadside test and then blew a .201 in the breath machine after his arrest for DUI. | |
| Result: | On the morning of Jury Trial, the STATE DROPPED THE DUI. | |
| Jun 5, 2008 | Case: CT-007371-XCF | Judge Conrad |
| Facts: | The defendant was involved in a traffic crash where she sideswiped another car. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant failed the roadside tests which were video taped. After her arrest for DUI, the defendant blew a .094 in the breath machine. | |
| Result: | Prior to filing a motion to dismiss for the destruction of material evidence, the STATE DROPPED THE DUI. | |
| Jun 3, 2008 | Case: 07-1796-CT | Judge Collins |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were not video taped and she was arrested for DUI. | |
| Result: | THE STATE DROPPED THE DUI A FEW DAYS BEFORE JURY TRIAL. | |
| May 28, 2008 | Case: 07-MM-1564 (JURY TRIAL) | Judge Green |
| Facts: | The defendant was stopped for weaving in and out of her lane of travel on nine separate occasions. The officer observed and odor of alcohol, slurred/mumbled speech, and bloodshot eyes. When the defendant exited her car, she was unsteady and used the door for support. While standing outside of the car, the defendant had to put her hand on the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's second DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 22, 2008 | Case: 07-25342MM10A | Judge Cowart |
| Facts: | The defendant was stopped for making an illegal right turn at a red light. The officer noticed an odor of alcohol, red eyes, slurred speech, and he had trouble locating his driver's license. When he exited his car, he was very unsteady and then performed very poorly on all the roadside tasks. After his arrest for DUI, he blew a .162 in the breath machine. This was the defendant's second DUI within three years. | |
| Result: | The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. THE STATE DISMSSED THE DUI. | |
| May 19, 2008 | Case: 8854-XCM | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding and did not pull over immediately. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the field sobriety tests and then blew a .170 in the breath machine after his arrest for DUI. | |
| Result: | ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI. | |
| May 16, 2008 | Case: 06-CT-021665AXX | Judge Corlew |
| Facts: | The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant was unsteady while exiting the vehicle. She performed poorly on roadside tests and was arrested for DUI. After her arrest, the defendant admitted to drinking six beers and blew a .165 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| May 11, 2008 | Case: CT-008657-XAM | Judge Courtney |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking five beers. He was asked to perform the roadside tests which were all video taped. According to the officer, he performed poorly and was arrested for DUI. He subsequently refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| May 11, 2008 | Case: 377152-W | Judge Arzola |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and low speech. He admitted to having a couple of drinks. The defendant was asked to perform field sobriety tests. For example, on the walk and turn test, the defendant raised his arms for balance, lost his balance during the instructions, and paused to regain his balance. On the finger to nose, the defendant missed the tip of his nose and used the wrong hand. The defendant also performed the one leg stand and rhomberg balance exercises. He was subsequently arrested for DUI. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI ON THE DAY OF JURY TRIAL. | |
| May 9, 2008 | Case: 07-16892MM10A | Judge Murphy |
| Facts: | The defendant was involved in an accident. The investigating deputy smelled an odor of alcohol and bloodshot eyes. He also admitted to drinking two Bacardi and cokes. The defendant then submitted to field sobriety tests. On the walk and turn test he missed heel to toe and stepped off the line. On the one leg stand he dropped his foot four times. He was subsequently arrested for DUI. This was his 3rd DUI. | |
| Result: | The State conceded the motion and dropped the DUI. | |
| May 9, 2008 | Case: 08-CT0007745-0 | Judge Miller |
| Facts: | The defendant was allegedly involved in a single car accident. Upon arrival the officer observed two men sitting on the curb. The officer asked who was the driver of the vehicle. The defendant responded that he was the driver. The officer observed an obvious odor of alcohol, bloodshot watery eyes and a sway to his stance. In addition, the officer stated that his dexterity was very poor. He then performed four field sobriety exercises. On the walk and turn, the defendant failed to touch heel to toe seven times. He stumbled on steps three and six and he failed to turn correctly. On the one leg stand, he dropped his foot several times and began to hop. On the rhomberg balance test he swayed from side to side. On the finger to nose he failed to touch the tip of his nose on each attempt. He was arrested for DUI and blew a .122 in the breath machine. | |
| Result: | The motion was granted and all of the evidence was thrown out. | |
| May 5, 2008 | Case: 07-8733MM10A | Judge Ireland |
| Facts: | The defendant was accused of crossing the median into oncoming traffic causing an accident with possible injuries. The DUI officer observed an odor of alcohol, red and watery eyes, slurred and mumbled speech and unsteadiness. When asked questions, the officer stated that he was disoriented. He refused to perform any testing and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| May 5, 2008 | Case: CT-001677-FMP | Judge Lefler |
| Facts: | The defendant was stopped for weaving a striking a curb. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant failed the walk and turn, one leg stand, and finger to nose tests. All the tests were video taped. After his arrest for DUI, the defendant blew a .085 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Apr 30, 2008 | Case: 07-CT-030469AXX | Judge Corlew |
| Facts: | The defendant was stopped for fishtailing, driving over a curb, and driving on the fog line. The officer observed thick/slurred speech and glassy eyes. The defendant performed very poorly on roadside tests which were video taped. The defendant denied drinking and denied taking any medication. The arresting officer was also a Drug Recognition Expert with specialized training. The arresting officer could not smell any odor of alcohol on the defendant due to a sinus infection. However, there were other officers on the video tape as back ups. The defendant was arrested for DUI and subsequenlty refused the breath test. This was the defendant's second DUI and he was also charged with refusing the breath test for the second time. | |
| Result: | The State conceded the motion to suppress and DISMISSED THE DUI AND REFUSAL CHARGE. | |
| Apr 29, 2008 | Case: 06-12896MM10A | Judge Lerner-Wren |
| Facts: | The defendant was the driver in a "roll over" accident. The officer observed an odor of alcohol, bloodshot eyes and droopy eyelids. Despite the accident, the officer still administered field sobriety tests. Based on his performance he was arrested for DUI. He blew a .159 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 28, 2008 | Case: 89-031278MM10A | Judge Ireland |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, and bloodshot eyes. He also had an open container of beer in the car. The defendant allegedly failed the walk and turn test and was arrested for DUI. He subsequently blew a .160 in the breath machine. | |
| Result: | On the morning of trial the State dismissed the DUI. | |
| Apr 28, 2008 | Case: 07-CF21727 | Judge Reese |
| Facts: | The defendant was stopped for speeding. When the officer spoke with the defendant he observed a strong odor of alcohol, bloodshot eyes, dilated pupils and slurred speech. In addition, the officer noticed a clear cup in the center console containing an alcoholic beverage. The defendant performed the one leg stand, walk and turn test as well as the finger to nose. Based on his performance he was arrested for DUI. Also in the center console was a plastic bag with cocaine. He was arrested for DUI and possession of cocaine. | |
| Result: | The State dropped the DUI. In addition, the defendant was not convicted of the cocaine charge. | |
| Apr 28, 2008 | Case: 05-016456MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes and that he was unsteady on his feet. He stated he had three beers at "Chili's". On the one leg stand he placed his foot down 4 different times. On the walk and turn test he lost his balance and had gaps on each step. On the finger to nose test he missed the tip of his nose with his finger. He was arrested for DUI and blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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