| Apr 25, 2007 | Case: 2006-CF-026464 | Judge Wolfe |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and swaying. He refused the roadside tests and the breath test. After his arrest, the officers found percocet pills in the car. The defendant was charged with DUI and Felony Possession of a Controlled Substance. | |
| Result: | The State DISMISSED the felony charge and they also DROPPED the DUI charge. The defendant received no convictions on his record. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Apr 17, 2007 | Case: 05-10709MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was stopped for driving too slow, weaving numerous times, and hitting his brakes for no reason. The officer had to put his lights and sirens to get the defendant's attention to stop his vehicle. Once stopped, the officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant could not find his driver's license or registration when asked by the officer. He performed poorly on roadside tasks. For example, on the walk and turn, he fell off the line at least four times, did not touch heel to toe, and took the incorrect number of steps up and down the line. Furthermore, on the finger nose test, he missed the tip of his nose on almost every attempt. After his arrest for DUI, he refused the breath test. This was the defendant's second offense within one year of his last DUI. The whole incident, including the driving pattern, was captured on videotape. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Apr 16, 2007 | Case: 06-CT-033286ASB (JURY TRIAL) | Judge Cohen |
| Facts: | The defendant came into contact with police while she was stopped in a turning lane with a flat tire and broken rim. The officer observed an odor of alcohol, slurred/mumbled speech, and blood-shot eyes. The defendant admitted to having three drinks and exhibited several mood swings throughout the night. According to the officer, she performed poorly on field sobriety tasks. For example, she stated the alphabet wrong on two occasions and on the one leg stand almost fell backwards. Also, on the walk and turn, the defendant stepped off the line, didn't touch heel to toe and on the finger to nose test she did not touch the tip of her nose. After her arrest for DUI, she refused the breath test. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES. | |
| Apr 16, 2007 | Case: 05-024487MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped while driving through a DUI checkpoint. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Another officer conducted the field sobriety tests and noticed the following. On the one leg stand he placed his foot down and swayed during the exercise. On the walk and turn test he failed to walk heel to toe and stepped off the line several times. On the finger to nose he failed to touch his nose on three of the attempts. He was arrested and provided a urine sample. The toxicology report showed marijuana, valium and hydrocodone. | |
| Result: | The motion was Granted and all of the evidence was thrown out. | |
| Apr 12, 2007 | Case: 07-CT-002843-XCM | Judge Conrad |
| Facts: | The defendant was stopped by police after driving off the roadway, hitting a bus stop bench and sign, and also observed leaving the scene of the crash. When the officer finally stopped him, he observed an odor of alcohol, bloodshot eyes, and the defendant told him that he lost traction and was showing off. The defendant was asked to perform roadside tasks. For example, on the walk and turn test, he did not touch heel to toe, lost his balance on the turn, and took the incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI and refused the breath test. The defendant was also charged with Leaving the Scene of an Accident Involving Property Damage. | |
| Result: | THE STATE DROPPED THE DUI. Also, the defendant received NO CONVICTION and NO POINTS on the Leaving the Scene Charge. | |
| Apr 10, 2007 | Case: CT-O70175503 | Judge Christensen |
| Facts: | The defendant was stopped for swerving all over the road and almost striking another car. The officer observed an odor of alcohol, slurred speech, and slow reactions. The defendant was very unsteady prior to roadside tasks. He performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2007 | Case: 3045-XDH | Judge Ortiz |
| Facts: | The defendant was stopped by police after being flagged down by a security guard who claimed the defendant drove through a security gate. The officer observed the defendant use the car for balance, an odor of alcohol, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. For example, on the walk an turn test, the defendant raised his arms for balance, took and incorrect number of steps and did not touch heel to toe. On the one leg stand test, the defendant put his foot down and swayed. The defendant was arrested for Leaving the Scene of an Accident and DUI. He refused the breath test after his arrest. | |
| Result: | On the morning of jury trial, THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS. In addition, the defense also got the Leaving the Scene of an Accident charge dismissed a month prior to the DUI charge being dismissed. | |
| Apr 9, 2007 | Case: 1523-XDK | Judge Lindsey |
| Facts: | The defendant was stopped for driving too slow and allegedly backing up traffic. An officer stopped the defendant and observed an odor of alcohol, slurred speech, and watery eyes. A DUI officer was called to the scene and made similar observations, along with the fact that the defendant stated he had six beers. The defendant performed roadside tasks at the DUI officer's request. The walk and turn and one leg stand tests were not conducted due to the defendant's weight. The only tests that were done were the HGN (eye tests) and balance exercise. On the balance test, the defendant swayed and estimated 1:28 minutes for 30 seconds. He was arrested for DUI and refused the breath test. | |
| Result: | On the morning of trial, the STATE DROPPED THE DUI. | |
| Apr 6, 2007 | Case: 1478-XDK | Judge Miranda |
| Facts: | The defendant was involved in a crash whereby he hit a tree. When the officer's found the defendant, he was running into his house. The officer that first found the defendant smelled an odor of alcohol. A DUI officer was called and he smelled alcohol, noticed slurred speech, and watery eyes. The defendant performed poorly on field sobriety tests. For example , on the walk and turn test, the defendant took the incorrect number of steps and stepped off the line numerous times. The defendant refused the breath test. He was charged with DUI and Leaving the Scene an Accident. | |
| Result: | THE STATE DROPPED THE DUI AND THE LEAVING THE SCENE OF THE ACCIDENT CHARGE WAS DISMISSED. | |
| Apr 6, 2007 | Case: 0960-XDK | Judge Arzola |
| Facts: | The police came into contact with the defendant when he was passed out on the side of the road. A person had called in that there was an individual who was unresponsive which prompted the police to arrive. The keys were in the ignition and the engine was running. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had to lean against the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's third DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 4, 2007 | Case: 05-002647MM10A | Judge Diaz |
| Facts: | The defendant was stopped for running a red light as well as making an illegal u-turn. The deputy observed a strong odor of alcohol, bloodshot glassy eyes, and a flushed face. The defendant stated that he was coming from a bar down the street. Prior to conducting the field sobriety tests, the deputy observed a considerable sway from side to side. On the walk and turn test the defendant failed to touch heel to toe, used his arms for balance and stepped off of the line. On the one leg stand, the defendant put his foot down. He was arrested for DUI and blew a .084 in the breath machine. | |
| Result: | The DUI was DISMISSED. | |
| Mar 30, 2007 | Case: 05-21347MM10A | Judge Diaz |
| Facts: | The defendant was involved in a crash. When the officers arrived, the defendant was in his apartment and the officers observed the defendant to have an odor of alcohol, slurred speech, and balance problems. He failed all field sobriety tests. After his arrest for DUI, he blew a .216 in the breath machine. | |
| Result: | THE JUDGE GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE INCLUDING THE .216 BREATH TEST. | |
| Mar 26, 2007 | Case: 0162-XAV | Judge Lindsey |
| Facts: | The defendant was stopped for speeding and driving with her highbeams on. The officer initially detected an odor of alcohol and bloodshot eyes. As she exited the vehicle the officer noticed her stumble. According to the officer, the defendant failed both the finger to nose test as well as the walk and turn. She was arrested for DUI and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 26, 2007 | Case: 489375-X | Judge Arzola |
| Facts: | The defendant was involved in a traffic crash. When the officer arrived, he observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant stepped off the line several times on the walk and turn and could not touch heel to toe. On the one leg stand the officer stated that the defendant almost fell over. He was subsequently arrested for DUI. He blew a .190 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 22, 2007 | Case: 06-CT-017324A02 (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was stopped for making an illegal right at a red light and speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a sway to his stance. The defendant admitted to drinking beer. He performed field sobriety exercises such as the walk and turn, one leg stand, and rhomberg balance. On the one leg stand, the defendant put his foot down several times and used his arms for balance. On the balance exercise, he swayed and on the walk and turn test he missed heel to toe several times, lost his balance during the instructions, and turn incorrectly. Everything was video taped at the scene and station. After his arrest for DUI, the defendant blew a .104 it the breath machine. | |
| Result: | After cross examining the arresting officer, the State DROPPED THE DUI IN THE MIDDLE OF JURY TRIAL. | |
| Mar 21, 2007 | Case: 05-020409MM10A | Judge Robinson |
| Facts: | The defendant drove into a closed car dealership at 5:00 a.m. and passed out behind the wheel with the engine running. The security guard saw him drive in and he contacted the police department. The officer attempted to wake the defendant up, and knocked on the window several times. When he woke up the officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He stated that he just left a local bar and had been drinking. The officer found a receipt from the bar for $209.00 dollars. A DUI deputy was called to the scene who conducted the investigation. The defendant was subsequently arrested for DUI. This was his 2nd offense for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2007 | Case: 06-CT-034852AMB (TRIAL) | Judge Johnson |
| Facts: | The defendant was stopped for backing up into a police car. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant also appeared to be confused about his whereabouts. The defendant refused the roadside tests and the breath test. | |
| Result: | THE DEFENDANT WAS FOUND NOT GUILTY. | |
| Mar 20, 2007 | Case: 05-008147MM10A | Judge Diaz |
| Facts: | The defendant was stopped for cutting off a motorcycle directly in front of two police officers. The officers observed an odor of alcohol, glassy eyes and slurred speech. The defendant subsequently admitted to drinking four beers. A DUI deputy was called to the scene and stated that she observed the defendant to be extremely unsteady. After completing one sobriety test he refused to participate any further and requested an attorney. He was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 19, 2007 | Case: 489961-X | Judge Krieger-Martin |
| Facts: | The defendant was involved in a crash whereby she hit a utility pole. When the officer arrived, the defendant was outside her car. He observed the defendant to have an odor of alcohol, slurred speech, and extreme unsteadiness. The defendant performed poorly on roadside tests. For example, on the walk an turn test, she took 39 steps up the line instead of the required nine. On the one leg stand, she put her foot down seven times. After her arrest, the defendant blew a .274 in the breath machine, admitted to drinking wine, and feeling the effects of the alcohol. | |
| Result: | The State dropped the DUI. | |
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