| Sep 11, 2006 | Case: 06-CT-7948-XAM | Judge Ober |
| Facts: | The defendant was stopped by an officer when he observed her driving off the roadway. A citizen had also called the police that they saw the defendant driving erratically. The officer observed an odor of alcohol, watery-glassy eyes, and unsteadiness. The defendant performed poorly on roadside tests and was arrested for DUI. She refused the breath test after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Sep 11, 2006 | Case: 05-035774TCA02 (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, "somewhat" slurred speech, blood-shot eyes, and unsteadiness. The defendant performed the walk and turn and one leg stand tests. On the walk and turn, the officer testified the defendant used his arms for balance, took an incorrect number of steps, and started the test too soon. On the one leg stand, the officer testified the defendant put his foot down three times and used his arms for balance. The defendant was arrested for DUI and BLEW A .123 IN THE BREATH MACHINE at the breath testing facility. | |
| Result: | The Jury found the defendant NOT GUILTY IN TEN MINUTES. | |
| Sep 10, 2006 | Case: 05-10429MM10A | Judge Ross |
| Facts: | The defendant was stopped for cutting off a police officer and driving onto the sidewalk. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand the defendant dropped his foot 4 times. On the walk and turn he failed to walk on the line. He was arrested for DUI and blew a .111 in the breath machine. | |
| Result: | Based on the exclusion of the breath and the lack of credibility of the officer, the State dropped the DUI. | |
| Sep 5, 2006 | Case: 05-002523MM10A | Judge Robinson |
| Facts: | The defendant was stopped for running a red light and drifting from side to side within his lane. According to the reports, the defendant did not stop and the officer had to activate his siren to get the defendant's attention. Once the defendant finally stopped, the officer noticed an odor of alcohol, a flushed face, and slurred speech. A DUI task force officer was called to conduct a DUI investigation. He made similar DUI observations in addition to observing blood-shot eyes on the defendant and that he appeared to be very slow in his movements. The defendant refused to perform the roadside tasks and he refused the breath test. | |
| Result: | Just minutes before picking a jury on the case, the State dropped the DUI. | |
| Sep 1, 2006 | Case: 4605-CT-002924-A | Judge Grinsted |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed slurred speech, an odor of alcohol, and a flushed face. He was unsteady as he exited the truck and he was swaying. The defendant refused the roadside tests and the breath test. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2006 | Case: 297129-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped for drifting from lane to lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant was unsteady when he exited the vehicle. The officer asked the defendant to perform field sobriety tests. His response was "just take me to jail." He was arrested for DUI. | |
| Result: | Rather than put the officer on the stand, the state dropped the DUI. | |
| Sep 1, 2006 | Case: 500639-W | Judge Mills-Francis |
| Facts: | The defendant was stopped for running a red light but continued to drive for four blocks after the officer put his lights on. When the officer approached the car, the defendant tightened his fists and took a defensive fighting stance. The officer observed an odor of alcohol and bloodshot eyes. The defendant's speech was slurred and his clothing was soiled. He was arrested for DUI and resisting without violence. | |
| Result: | On the day of trial the state dropped both the DUI as well as the resisting without violence. | |
| Sep 1, 2006 | Case: 377455-W | Judge McWhorter |
| Facts: | The officer observed the defendant passed out in a vehicle with the engine running. He attempted to wake up the defendant but there was no response. After banging on the window he eventually woke up. When the door opened, the officers noticed an overwhelming odor of alcohol. The defendant lost his balance when he exited the car. As he spoke with the officers he was barely understandable. The officers also found marijuana in the car. After placing the defendant under arrest for DUI and possession of marijuana he told the officers that when he got out of jail he would hunt them down. | |
| Result: | The state conceded the motion to suppress and dropped both the DUI and marijuana charges. | |
| Aug 31, 2006 | Case: 06-CT-005990 NC | Judge Galen |
| Facts: | The defendant was located by paramedics unconcious in his vehicle with the engine running blocking the roadway. The paramedics took the keys to the car prior the police arriving on scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed all roadside tests poorly. For example, on the one leg stand, he was so unsteady, the test had to be stopped for his safety. On the alphabet test, he could not state the alphabet in a correct manner. The defendant blew a .212 in the breath machine after his arrest for DUI. | |
| Result: | The Judge granted the motion and threw out all the evidence. The DUI was dismissed. | |
| Aug 31, 2006 | Case: 468481-W | Judge Lindsey |
| Facts: | The defendant was involved in a crash in which he side-swiped another vehicle. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. While speaking with the officers, the defendant fell over into the grass area and needed support to stand. He performed poorly on all roadside tests and refused the breath test. He admitted to drinking vodka drinks. This was the defendant's second offense. | |
| Result: | The State DROPPED THE DUI. | |
| Aug 22, 2006 | Case: 06-CT-501645 | Judge Dommerich |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred, and blood-shot eyes. The defendant had an open beer in his car. He performed poorly of roadside tests and staggered as he walked. The defendant blew a .153 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 21, 2006 | Case: 05-025450MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving over 100 miles per hour in a 35 mile per hour zone. The officers detected a "strange" odor from the defendant's breath, a dazed look, and slow motor movements. A DUI officer was called to the scene and the defendant agreed to perform field sobriety tests. On the walk and turn exercise, the defendant stepped off the line, paused to regain balance, and did not turn properly as instructed. On the finger to nose, the defendant hardly ever touched the tip of her nose and did not use the tip of her finger. The defendant refused both a breath and urine test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| Aug 14, 2006 | Case: 05-014210MM10A | Judge Zack |
| Facts: | The defendant was stopped for driving 70-mph in a 45-mph zone. The officer noticed a strong odor of alcohol, bloodshot eyes and extremely slurred speech. The officer called for a DUI task force member. The DUI officer responded and made the same observations. He had the defendant perform field sobriety tests. On video the defendant was unable to perform any of the tests because he was clearly impaired. He was arrested for DUI and blew a .151 in the breath machine. | |
| Result: | The motion was granted and the State dropped the DUI. | |
| Aug 9, 2006 | Case: 04-025288MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving without headlights, weaving, and running a red light. The officer observed an odor of alcohol and a bottle of whiskey in the car. The defendant stumbled when he exited the car and leaned against the rear of the vehicle for support. He performed poorly on roadside tests. For example, on the one leg stand, he raised his arms for balance and could not keep his leg up past the number six. The defendant was arrested for DUI and blew a .107 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 3, 2006 | Case: CT-002395-XAM | Judge Fernandez |
| Facts: | The defendant was stopped for continuously swerving and driving over the lane markers several times. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. | |
| Result: | The State dropped the DUI. | |
| Jul 31, 2006 | Case: 06-CT-501508 | Judge Volz |
| Facts: | The defendant was stopped by police at a sobriety checkpoint. The officers noticed an odor of alcohol, slurred speech, blood-shot eyes, and the defendant fumbled when trying to locate his driver's license. Furthermore, the defendant stumbled upon being asked to exit his vehicle. He performed poorly on roadside tests according to the officers. The defendant refused the breath test. | |
| Result: | The State conceded the motion prior to the motion hearing and DROPPED THE DUI. | |
| Jul 26, 2006 | Case: 06-00170MM10A | Judge Ross |
| Facts: | The defendant was stopped for speeding over a six block period. The stopping officer smelled a strong odor of alcohol and called a DUI task force deputy. The investigating officer also smelled an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking wine. On the walk and turn test he failed to touch heel to toe and stepped off the line. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. He was subsequently arrested for DUI. | |
| Result: | Motion granted, all evidence was thrown out. | |
| Jul 24, 2006 | Case: 0233-XAZ | Judge Arzola |
| Facts: | The defendant was observed sleeping in a vehicle. When the officers arrived, he woke up and vomited on himself. He told the officers that he had been drinking and was not aware he was involved in an accident. The officers observed a strong odor of alcohol, bloodshot eyes, and slurred speech. He was unable to perform any of the tests and almost fell several times. He told the officers that he was impaired. He was arrested for DUI and blew a .146 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 24, 2006 | Case: 0378-EGW | Judge Lindsey |
| Facts: | The defendant was stopped for running a red light and speeding. When the officer made contact with the defendant he noticed an open Heineken in the front seat. He also observed an odor of alcohol and bloodshot eyes. On the one leg stand the defendant stepped off the line while failing to touch heel to toe. On the one leg stand the defendant put his foot down at 10 and simply didn't continue. On the balance test he estimated 60 seconds for 30 seconds. He was subsequently arrested for DUI. | |
| Result: | The DUI was dismissed. | |
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