| Sep 14, 2007 | Case: 312007MM2081A | Judge Morgan |
| Facts: | The defendant was stopped for allegedly soliciting women for prostitution. Upon contact with the defendant, the officer observed an odor of alcohol, bloodshot eyes and unsteadiness. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI. He blew a .227 (nearly 3 times the legal limit) in the breath machine. A search of the vehicle revealed marijuana. | |
| Result: | The State conceded the motion and Dismissed the case. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Sep 13, 2007 | Case: 2007CT1868 | Judge Singer |
| Facts: | The defendant was stopped for driving on the wrong side of the road almost striking another vehicle. The officer stopped the defendant and observed a case of beer in the car. He then observed a strong odor of alcohol, bloodshot eyes, flushed face and a low raspy voice. The defendant was unsteady exiting the car and staggered when he walked. He performed the eye test (HGN), walk and turn test and one leg stand and was arrested for DUI. He blew a .155 in the breath machine. | |
| Result: | The motion was granted and the case was Dismissed. | |
| Sep 10, 2007 | Case: 489816-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped for weaving and striking the curb. The defendant allegedly stated that he had been drinking and threw up on himself. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. He allegedly failed the field sobriety tests and was arrested for DUI. He then blew a .171 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Sep 7, 2007 | Case: 9958-EGB | Judge Mills-Francis |
| Facts: | The defendant was stopped for running a red light. The officer's noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. The officer's concluded the defendant was impaired by some type of drug, not alcohol, after the investigation was completed. A DRE exam was conducted by a Drug Recognition Expert (DRE) who concluded that the defendant was impaired by a Central Nervous System (CNS) Stimulant and/or Depressant. | |
| Result: | The DUI was dismissed. | |
| Sep 7, 2007 | Case: 291603-X | Judge Bloom |
| Facts: | The defendant was stopped for making an illegal left turn. The officers noticed an odor of alcohol, slurred speech, and the defendant leaned on his car for balance. On the walk and turn test, the defendant stepped off the line and raised his arms for balance. On the one leg stand test, the defendant put his foot down four times. The defendant refused the breath test after his arrest for DUI. | |
| Result: | On the morning of jury trial, the State DROPPED the DUI. | |
| Sep 5, 2007 | Case: 06-CT-035100ASB | Judge Damico |
| Facts: | The defendant was involved in a rear-end crash. The officers observed an odor of alcohol, very slurred speech, slow dexterity, and poor balance. The defendant could not even answer basic questions. The defendant performed poorly on roadside tests as she could not even follow any instructions that were given by the officer. After her arrest for DUI, she blew a .265 in the breath machine. | |
| Result: | Due to the officer's lack of credibility stemming from this investigation, the State DISMISSED THE DUI CHARGES. | |
| Sep 5, 2007 | Case: 05-024116MM10A | Judge Pollack |
| Facts: | The defendant was stopped for weaving on the roadway and following too closely. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant performed and failed the field sobriety tests on video. He was subsequently arrested for DUI. At the breath testing facility he blew a .095. | |
| Result: | The motion to exclude the field sobriety tests was granted. It should be noted that the officer in this case transferred to a different department outside of the county. He traveled to this jurisdiction for three of the firms cases. The firm successfully defended all three cases. | |
| Sep 4, 2007 | Case: 489198-X | Judge Miranda |
| Facts: | The defendant was stopped by police after she fled the scene of a traffic crash. Once the officer's stopped her car, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking vodka and red bull. She performed poorly on roadside tests. For example, on the one leg stand, she put her foot down numerous times and on the walk and turn, she stepped off the line, missed heel to toe every time, and took an incorrect number of steps. After the arrest for DUI, she refused the breath test. The defendant was also charged with leaving the scene of an accident. | |
| Result: | On the morning of trial, the DUI was DISMISSED. | |
| Sep 3, 2007 | Case: 48-1993-CT-097155-0 | Judge Ansbro |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech and swaying. He failed all roadside tests. For example, on the walk and turn, he stepped off the line numerous times and could not even do the one leg stand without almost falling over. The defendant refused the breath test. | |
| Result: | THE STATE DISMISSED THE DUI. | |
| Aug 30, 2007 | Case: 03-4306CTMA | Judge Hauversburk |
| Facts: | The defendant was stopped for continuously weaving. The defendant did not stop for over a mile when the officer turned on his lights. The officer observed an odor of alcohol, bloodshot eyes, and he was slow getting out of the car. The defendant performed poorly on roadside tasks which were not video taped. For example, on the one leg stand, he put his foot down and stated he could not do it. On the walk and turn, he used his arms for balance and stepped off the line numerous times. The defendant also stated he had a few beers. Furthermore, he could not say the alphabet properly during that test. After his arrest for DUI, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Aug 29, 2007 | Case: 07-005710MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding. The officers observed a strong odor of alcohol and bloodshot eyes. The defendant performed the eye test (HGN), one leg stand, walk and turn, finger to nose and rhomberg balance test. On video he failed each of the sobriety tests and was arrested for DUI. He blew a .147 in the breath machine. | |
| Result: | Motion granted. All field sobriety tests are excluded. | |
| Aug 27, 2007 | Case: 07-CT-004065-XAM | Judge Lefler |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. Also, there were empty beer cans in the defendant's car. The defendant refused all roadside tests and the breath test. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2007 | Case: 6367-XDL | Judge Newman |
| Facts: | The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred sepeech, and the defendant layed back in his car and fell asleep while talking to the officer. The defendant performed poorly on roadside tests and then refused the breath test. | |
| Result: | THE DUI WAS DISMISSED due to the discovery violations by the State. | |
| Aug 27, 2007 | Case: 286568-X | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line five times, did not touch heel to toe, and paused to regain his balance. On the one leg stand exercise, he put his foot down five times and swayed. After his arrest for DUI, he refused the breath test. | |
| Result: | The DUI was DISMISSED on Statute of Limitations Grounds. | |
| Aug 27, 2007 | Case: 07-CT-3082-XCM | Judge Rice |
| Facts: | The defendant was stopped for touching the lane markers two times which was captured on video over a lengthy time period. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She performed very poorly on roadside tests which were also captured on tape. The defendant blew a .142 in the breath machine after her arrest for DUI. | |
| Result: | THE JUDGE GRANTED THE MOTION AND THE DUI WAS DISMISSED. | |
| Aug 20, 2007 | Case: 07-CT-008578ASB | Judge Eissey |
| Facts: | The defendant was found in his car with a broken bumper and a torn off tire. The officer observed an odor of alcohol, slurred speech, and he appeared to be confused. The defendant stated he hit a curb while making a U-turn. He then performed poorly on roadside tests at the scene which were NOT video taped. He refused the breath test after his arrest for DUI. | |
| Result: | Based on the specific facts presented at the hearing, the JUDGE GRANTED THE MOTION TO DISMISS THE DUI. | |
| Aug 14, 2007 | Case: CT-008726-XDK | Judge Conrad |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and swaying. The defendant performed the roadside tests on video. On the walk an turn test, he lost his balance during the instructions, did not touch heel to toe, and turned improperly. On the one leg stand test, the defendant swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .138 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2007 | Case: 06-CT-5861-XDN | Judge Courtney |
| Facts: | The defendant was stopped for making a wide left turn, weaving, and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant didn't touch heel to toe, stepped off the line, and made an improper turn. After his arrest for DUI, he refused the breath test. The entire incident was captured on video on tape. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| Aug 13, 2007 | Case: 06-018256MM10A | Judge Murphy |
| Facts: | The defendant was stopped for running a red light. The deputy stated that the defendant failed to pull over for several blocks. The deputy observed a strong odor of alcohol, bloodshot eyes and a flushed face. A DUI task force officer arrived to conduct the investigation. On the eye test (HGN), the defendant exhibited signs of impairment indicating that he was above the legal limit. After performing the one leg stand as well as the walk and turn test he was arrested for DUI. He blew a .107 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Aug 10, 2007 | Case: 07-CT-002612-XCM | Judge Lefler |
| Facts: | The defendant was stopped for speeding and slightly drifting over to the center lane marker. The officer observed an odor of alcohol and bloodshot/watery eyes. The defendant performed the walk and turn, one leg stand, and finger to nose tests on video tape at the scene. The officer concluded she was impaired and arrested her for DUI. She then refused the breath test. | |
| Result: | On the morning of Jury Trial, the STATE DROPPED THE DUI. | |
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