| May 14, 2007 | Case: 04-003311MM10A | Judge Diaz |
| Facts: | The defendant was stopped at a roadblock. The initial officer observed an odor of alcohol, bloodshot eyes, and a flushed face. The investigating officer observed the same as well as slurred speech. On the finger to nose (on video), the defendant left his hand out and failed to touch his nose. On the walk and turn, he turned incorrectly and took too many steps. On the HGN (eye test), the defendant exhibited all three clues of impairment. The defendant was arrested for DUI and refused a breath test. This was his 2nd DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| May 11, 2007 | Case: 2007-CT-023085AXXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. According to the officer, the defendant performed poorly on roadside tasks. For example, he put his foot down numerous times on the one leg stand exercise and on the walk and turn test he stepped off the line numerous times. The officer suspected the defendant was impaired by a chemical or controlled substance versus alcohol after the investigation was complete. The defendant was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| May 10, 2007 | Case: 07-MM-007794ASB | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and glassy, bloodshot eyes, and slurred speech. The defendant refused the field sobriety tests as well as the breath test. After his arrest for DUI, the officers found marijuana and a smoking pipe in the car. He was charged with Possession of Marijuana and Drug Paraphernalia, along with DUI. The entire DUI investigation was captured on video. | |
| Result: | Prior to trial, the State DROPPED THE DUI. Also, the paraphernalia charge (ie. the pipe) was dismissed and the defendant received no conviction on the marijuana charge. | |
| May 10, 2007 | Case: 07-2438CTMA | Judge Scaglione |
| Facts: | The defendant was stopped for driving erratically. He was swerving all over the road. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused the roadside tests and the breath test. This was the defendant's THIRD DUI. | |
| Result: | After cross examination of the arresting officer, and prior the Judge even ruling on the motions, the State DROPPED THE DEFENDANT'S THIRD DUI. | |
| May 9, 2007 | Case: 48-2007-CT009297-O | Judge Jewett |
| Facts: | The defendant was stopped for speeding and failing to pull over for 2 miles. The officer observed a strong odor of alcohol; bloodshot glassy eyes and slurred speech. The defendant was unsteady as he exited the car, swaying in a circular motion. He performed the walk and turn, one leg stand as well as the eye test (HGN), and was subsequently arrested for DUI. This was his second offense for DUI. | |
| Result: | The DUI was dismissed. | |
| May 9, 2007 | Case: 267061-X (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was found by a police officer parked next to a grassy area in front of residential houses. The initial officer responded to the area based on an anonymous call about a suspicious car being parked in that area. The officer observed the defendant to be slumped over the side, the engine running, car in park, and vomit all over the outside of the car. He banged on the car for 15-20 seconds to try to awaken the defendant who was passed out. Once the defendant awoke, the officer noticed the smell of vomit inside the car, an odor of alcohol, confusion, and slurred speech. A DUI officer was called to the scene to conduct roadside tasks which the defendant failed due to his highly intoxicated state. After his arrest for DUI, he refused the breath test as he was also cursing at the officer. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 7, 2007 | Case: 06-CT-036146ANB | Judge Johnson |
| Facts: | The defendant was stopped for weaving and speeding. The officer smelled an odor of alcohol, noticed red eyes, and slurred speech. The defendant admitted to drinking two glasses of wine. The defendant performed the roadside tasks poorly on video. For example, on the walk and turn, she could not stay on the line and took the incorrect number of steps. On the one leg stand, she raised her arms for balance and put her foot down. Furthermore, she misstated the alphabet. After her arrest, the defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| May 7, 2007 | Case: 07-CT-497P | Judge Ptomey |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, the defendant stumbled when he got out of the car, and slurred speech. The defendant performed roadside tests on video. For example, on the one leg stand, the defendant put his foot down several times and could not complete the test. After his arrest for DUI, he blew a .130 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 7, 2007 | Case: 06-CT-027239ASB | Judge Bosso-Pardo |
| Facts: | The defendant was involved in a rear end crash. The officer smelled an odor of alcohol and noticed thick slurred speech and red eyes. The defendant performed very poorly on roadside tests which were video taped. He then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| May 6, 2007 | Case: CT-06-09390MMAWS | Judge Smith |
| Facts: | The defendant was stopped for spinning her tires and making a wide turn. The officer observed an odor of alcohol, slurred speech, and the defendant admitted to drinking wine and taking sleeping pills. The defendant failed the field sobriety tests and then refused the breath after her arrest for DUI. | |
| Result: | The State agreed with our motion based on the vague facts written in the reports, speaking to the officer, and then they DROPPED THE DUI. | |
| May 6, 2007 | Case: 06-014060MM10A (JURY TRIAL) | Judge Ross |
| Facts: | The defendant was stopped for locking up on his breaks several times, skidding, and honking his horn. The stopping officer, as well as the DUI Task Force Deputy, observed an odor of alcohol, bloodshot eyes, and a sway. The defendant performed roadside tasks on video and was arrested for DUI. He then blew a .148 in the breath machine after his arrest for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 3, 2007 | Case: 376733-W | Judge Krieger-Martin |
| Facts: | The defendant was stopped for weaving and driving to closely to a City of Miami Police Car. Once stopped the defendant became aggressive and the Miami cop handcuffed him and placed him in the back of a patrol car. A Metro Dade DUI officer was called who observed an odor of alcohol and slurred speech. The defendant performed poorly on roadside tests and blew a .154 in the breath machine. The defendant also admitted smoking pot and drinking five beers. | |
| Result: | On the morning of trial, the STATE CONCEDED THE MOTION AND DROPPED THE DUI. | |
| May 3, 2007 | Case: 489993-X | Judge Newman |
| Facts: | The defendant was stopped for violating the State's "Move Over Law." Once stopped, the officer observed an odor of alcohol, slurred speech and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .145 in the breath machine after his arrest for DUI. | |
| Result: | The Judge GRANTED THE MOTION TO SUPPRESS AN THREW OUT ALL THE EVIDENCE. The State dropped the DUI. | |
| May 3, 2007 | Case: 403753-X | Judge Krieger-Martin |
| Facts: | The defendant was involved in a rear-end traffic crash. The officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests. For example, the defendant stepped off the line five times on the walk and turn, nearly fell on the one leg stand, and could not touch the tip of his nose on the finger to nose any of the six times. After his arrest for DUI, the defendant blew a .160 in the breath machine. | |
| Result: | On the morning of Jury Trial, the STATE DISMISSED THE DUI. | |
| May 3, 2007 | Case: 285984-X | Judge Krieger-Martin |
| Facts: | The defendant was involved in a traffic crash in which she hit a guardrail. When the officer arrived, she was talking on a cell phone outside the car. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer and blew a .130 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| May 3, 2007 | Case: 0925-XDK | Judge Newman |
| Facts: | The defendant was stopped for driving without headlights. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant swayed while outside the car and a DUI officer was called to do roadside tests. The defendant performed the balance exercise in which he estimated 20 seconds for 30 seconds. He then refused further field sobriety testing, and refused breath test after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| May 2, 2007 | Case: 377385-W | Judge Arzola |
| Facts: | The defendant was stopped for almost striking the shoulder and weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to feeling buzzed, drinking long island iced teas, and feeling the effects of the alcohol at the time of driving. The defendant failed all the roadside tests and blew a .157 in the breath machine after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| May 2, 2007 | Case: 129412-J | Judge Arzola |
| Facts: | The defendant was stopped for weaving. Once the defendant was stopped, he allegedly used the car for balance. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .10 in the breath machine. | |
| Result: | THE DUI WAS DISMISSED ON STATUTE OF LIMITATIONS GROUNDS. | |
| May 2, 2007 | Case: 05-014812MM10A (JURY TRIAL) | Judge Diaz |
| Facts: | The defendant was stopped for driving over a sidewalk and a curb. The defendant also drove on the wrong side of the road. The stopping officer observed an odor of alcohol, slurred speech and red eyes. A DUI unit was called who made similar observations. Further, the defendant almost fell in getting out of his car. He admitted to drinking two beers and refused to perform roadside tasks and the breath test. | |
| Result: | THE STATE DROPPED THE DUI IN THE MIDDLE OF TRIAL. | |
| Apr 30, 2007 | Case: 4034-XDK | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and weaving. The officers observed an odor of alcohol, slurred speech, and bloodshot-eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he lost his balance during the instructions, did not touch heel to toe, and took the incorrect number of steps up and down the line. On the one leg stand, he put his foot down several times and used his arms for balance. The defendant blew a .198 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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