| Mar 11, 2008 | Case: 573794-X | Judge Fernandez |
| Facts: | The defendant was stopped for weaving and failing to stop at a stop sign. Upon stopping, the defendant jumped out of his car and ran. He was found hiding in the back of vacant house. The defendant was arrested for burglary and resisting an officer without violence (ie. running from the police). After securing the defendant, the officer's noticed an odor of alcohol, bloodshot eyes and then charged him with DUI. No field sobriety exercises were conducted. This was the defendant's second DUI. | |
| Result: | ON THE MORNING OF TRIAL, ALL CHARGES WERE DISMISSED. As to the burglary, the State could not prove the defendant did not have permission to be on the property. Also, since there was no DUI investigation conducted, the State could not prove beyond a reasonable doubt that the defendant was impaired. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 11, 2008 | Case: 3345-XCK | Judge Arzola |
| Facts: | The defendant was stopped by the police after a security guard noticed her stumbling around a parking lot appearing intoxicated. The defendant then backed her car up almost striking the officer's car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. She stated she had a few drinks and refused to perform the roadside tasks. After her arrest for DUI, she refused the breath test. | |
| Result: | THE STATE DISMISSED THE DUI. | |
| Mar 9, 2008 | Case: CT-008980-XCL | Judge Courtney |
| Facts: | The defendant was stopped for weaving multiple times. The officer observed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant fumbled with his items while handing them over to the officer. He performed poorly on the roadside tests according to the officer which were video taped. For example, on the walk and turn test, he lost his balance on the turn, did not touch heel to toe, and failed to maintain his balance during the instructions. On the one leg stand, he swayed and used his arms for balance. After being arrested for DUI, he refused the breath test. This was the defendant's fourth arrest for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 9, 2008 | Case: CT-008923-XCF | Judge Courtney |
| Facts: | The defendant was involved in a traffic crash in which he hit an electrical pole as he was trying to avoid hitting a dog. The first officer on scene noticed an odor of alcohol and red/watery eyes. The defendant was taken to the hospital for his injuries where the police ordered the defendant's blood be drawn. When the results came back from the lab over the legal limit, he was then arrested for DUI. The defendant's test results revealed a blood alcohol level of .122 and .121. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 9, 2008 | Case: 2007-CT-062661AXXX | Judge Garagozla |
| Facts: | The defendant was stopped for driving east bound in the west bound lane of travel. The officer noticed an odor of alcohol and glassy/watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand, he put his foot down numerous times and the exercise was stopped by the officer. After his arrest for DUI, he blew a .153 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 9, 2008 | Case: 2008-CT-006677ASB (JURY TRIAL) | Judge Eissey |
| Facts: | The defendant was stopped for driving 100 miles per hour in a 45 miles per hour zone. According to the officer, the defendant did not immediately stop. Once the defendant did stop, two officers pulled their guns thinking the car may have been stolen or involved in a crime even though there was no evidence of a crime. One of the officers who made the stop, observed an odor of alcohol, slurred speech, and blood shot eyes. He also testified she almost fell and had to catch herself. He then called for DUI task force officer. When the task force officer arrived, he made similar observations. The entire incident was videotaped. She performed the walk and turn, one leg stand, finger to nose, and alphabet tests. According to the officer she performed poorly and was arrested for DUI. She then refused the breath test. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Mar 6, 2008 | Case: CT-003149-XAM | Judge Conrad |
| Facts: | The defendant was stopped for drifting from lane to lane several times. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the walk and turn, one leg, stand, and HGN tests on video tape. According to the officer, he failed all the tasks. The defendant was arrested for DUI and subsequently refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 4, 2008 | Case: 07-26524MM10A | Judge Seidman |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant submitted to the field sobriety tasks at the request of the officer. On the walk and turn test, the defendant stepped out of the instructional stance and turned incorrectly. On the one leg stand exercise, he put his foot down eight times. He was then arrested for DUI. | |
| Result: | JUST PRIOR TO THE TRIAL DATE, THE STATE DROPPED THE DUI. | |
| Mar 3, 2008 | Case: 9552-XDJ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant almost fell getting out of the car. He refused all the roadside tasks except the HGN test. After his arrest he refused the breath test. This was the defendant's second DUI within five years. | |
| Result: | THE DUI WAS DISMISSED. | |
| Feb 28, 2008 | Case: 07-CF-00920 | Judge Lopez |
| Facts: | The defendant was stopped by the police at a gas station after a BOLO (be on the lookout) went out over dispatch about two men pushing a car and vomiting. The initial officer, who found the defendant behind the wheel, noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. A DUI officer was called who made similar observations. The defendant refused the roadside tasks other than HGN, he became combative, and was arrested for DUI. Subsequently to his arrest, he refused the breath test. The State charged him with FELONY DUI since this was his THIRD DUI within ten years. | |
| Result: | PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DEFENDANT'S THIRD DUI. | |
| Feb 26, 2008 | Case: 07-017359MM10A | Judge Ireland |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. He fumbled while looking for his driver's license and stated he had two wine coolers. He performed poorly on the roadside tests and then refused the breath test. This was the defendant's second DUI. | |
| Result: | ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI. | |
| Feb 26, 2008 | Case: 05-21932MM10A | Judge Ireland |
| Facts: | The defendant was involved in a traffic crash. The officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant refused to perform any tests stating that "it's a joke". He was arrested for DUI. | |
| Result: | Motion granted, all evidence was thrown out. The State Appealed, but the defense won the appeal. The State dropped the DUI. | |
| Feb 25, 2008 | Case: 07-CT-0668-XCO | Judge Rice |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, red eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officer which were video taped. The defendant admitted to being "buzzed" and after his arrest refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Feb 25, 2008 | Case: 07-CT-9772-XAN | Judge Rice |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and watery eyes. On video tape at the scene, the defendant performed poorly on all the roadside tasks. After his arrest for DUI, he blew a .177 in the breath machine. | |
| Result: | THE DUI WAS DISMISSED. | |
| Feb 22, 2008 | Case: 07-10530MM10A | Judge Ross |
| Facts: | A deputy from the sheriff's office heard the sound of a horn consistently honking. The deputy then witnessed the defendant continuously stopping in the roadway for no apparent reason. He then stopped the car and approached the driver's side window. He then observed an odor of alcohol and bloodshot eyes. As a result, he called for a DUI task force officer to conduct an investigation. The officer then conducted field sobriety tests and arrested the defendant for DUI. He subsequently blew a .110 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 19, 2008 | Case: 8211-XCM | Judge Newman |
| Facts: | The defendant was stopped by an officer for playing his radio at an excessive volume. The officer observed bloodshot eyes, an odor of alcohol and a flushed face. He performed the one leg stand, finger to nose, walk and turn, rhomberg balance test as well as HGN (eye test). The officer stated that the defendant did not perform to standards and he was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Feb 15, 2008 | Case: 06-000376TCA04 | Judge Corlew |
| Facts: | The defendant was stopped for speeding and running a red light. The defendant stated he was coming from a bar and had two vodka/cranberry drinks and two beers. The officer observed an odor of alcohol, slurred speech, and poor comprehension. The officer also observed the defendant stumble over his words as he talked and an unstable appearance. According to the officer, the defendant performed poorly on the roadside tasks. The entire incident was video taped. After his arrest for DUI, the defendant blew a .123 in the breath machine. | |
| Result: | THE DUI WAS DISMISSED. | |
| Feb 12, 2008 | Case: 43-2008-CT- 003039-A | Judge Roberts |
| Facts: | The defendant was stopped for speeding. Upon approaching the vehicle, the officer observed an odor of alcohol, slurred/mumbled speech, and red eyes. The defendant stated he had a couple of beers a few hours before being stopped. He was asked to perform the walk and turn and one leg stand tasks which he agreed to do. On the walk and turn test, he did not touch heel to toe, used his arms for balance, and stepped off the line. On the one leg stand, he swayed and kept his foot on the ground while using his arms for balance. He was subsequently arrested for DUI. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Feb 7, 2008 | Case: 06-020345MM10A | Judge Gehl |
| Facts: | The defendant was passed out behind the wheel of his car in the roadway. Fire rescue and the police were called to the scene. The officer observed an odor of alcohol, glassy eyes, and the defendant appeared to be disoriented. The defendant performed roadside tests at the scene and then later at the station. The tasks at the station were video taped. After his arrest for DUI, the defendant blew a .09 in the breath machine. | |
| Result: | On the morning of jury trial, THE STATE DROPPED THE DUI. | |
| Feb 6, 2008 | Case: 5378-XDL | Judge Krieger-Martin |
| Facts: | The defendant was stopped at a roadblock sobriety checkpoint in the City of Miami. A South Miami officer working the check point noticed an odor of alcohol and bloodshot watery eyes. The defendant was asked to perform the field sobriety tasks and he complied. On the one leg stand, he put his foot down three times and on the walk and turn test, he took fifteen steps up the line instead of the nine as instructed and ten back. He also stepped off the line two times. After his arrest for DUI by the South Miami officer, he refused the breath test. | |
| Result: | On the morning of trial, the STATE DROPPED THE DUI. | |
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