| May 15, 2006 | Case: 014065-W | Judge Ortiz |
| Facts: | The defendant was involved in a crash in which he rear ended another car. He then left he scene of the accident and was later stopped by police. The police observed the defendant to have an odor of alcohol, appear unsteady, and have slurred speech. The defendant was arrested for Leaving the Scene of an Accident and DUI. The defendant refused roadside tests and the breath test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| May 15, 2006 | Case: 575481-X | Judge Mills-Francis |
| Facts: | The defendant was stopped for running through an intersection with a broken red light without stopping or slowing. The officer observed an odor of alcohol and slurred speech. He called for a DUI officer to conduct field sobriety exercises. According to the DUI officer, the defendant failed all the tests. For example, on the walk and turn, the officer wrote the defendant did not touch heel to toe, stepped off the line, and lost his balance during the instructions. On the one leg stand, the officer wrote the defendant put his foot down three or more times and stopped the test at some point. Further, on the finger to nose, the officer alleged he stopped the test on the third arm movement. The defendant was then arrested for DUI. Two glasses of alcohol were found in the car upon his arrest. | |
| Result: | Upon showing the State the deposition just prior to trial, the State DROPPED THE DUI. | |
| May 12, 2006 | Case: CTC-6438MMAES | Judge Schuman |
| Facts: | The defendant was stopped for weaving on the roadway. The driving pattern was captured on video. The officer observed an odor of alcohol, bloodshot eyes and slow speech. On the one leg stand the defendant put his foot down 3 times. On the finger to nose he missed his nose 2 separate times. On the walk and turn the defendant failed to touch heel to toe. The defendant was arrested for DUI and blew a .139 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 12, 2006 | Case: 06-6791MM10A | Judge Gehl |
| Facts: | The defendant was stopped for speeding and running a red light. Upon contact, the officer stated that the defendant seemed disoriented. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking three scotch and waters. The defendant did state that he was taking several medications for an illness. After performing poorly on the one leg stand and walk and turn test he was arrested for DUI. He blew a .083 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of Jury trial. | |
| May 12, 2006 | Case: 06-13933TCA02 | Judge Eissey |
| Facts: | The defendant was first observed to be slumped over the wheel. The owner of the store called police, however, fire rescue arrived prior to the officer. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. The defendant performed poorly on field sobriety tests and was arrested for DUI. Subsequently, he blew a .132 in the breath machine. | |
| Result: | The State conceded the motion and DISMISSED THE DUI. | |
| May 9, 2006 | Case: 290000-X | Judge Ortiz |
| Facts: | The defendant was involved in a traffic crash. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused roadside tests, but blew a .143 in the breath machine after his arrest for DUI. This was the defendant's third offense. | |
| Result: | On the morning of trial , the State DROPPED THE DUI. | |
| May 9, 2006 | Case: 586721-X | Judge Bloom |
| Facts: | The defendant was involved in a rear end collision. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking and taking medication. The defendant refused all roadside tests and the breath test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| May 9, 2006 | Case: 052029-W | Judge Newman |
| Facts: | The defendant was involved in a rear-end crash. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant appeared to be confused in responding to the officer's questions, although he did state he had two beers. The defendant refused the roadside tests and the breath test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| May 7, 2006 | Case: CT-006493-XAF | Judge Ober |
| Facts: | The defendant was stopped for weaving all over the road and failing to stop at a stop sign. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand she was swaying and put her foot down several times. On the walk and turn test she stepped off the line and failed to walk heel to toe. She was arrested for DUI and blew a .154 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 7, 2006 | Case: CT-001561-XAM | Judge Courtney |
| Facts: | The defendant was stopped for driving the wrong way without headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. The officer found a bar receipt in a pocket for $138.23. The defendant failed to keep his foot up on the one leg stand and stepped off the line on the walk and turn test. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| May 7, 2006 | Case: CT-007394-XAF | Judge Ober |
| Facts: | The defendant was involved in a crash. Upon arrival the officer noticed a distinct odor of alcohol, flushed face and bloodshot eyes. The defendant was then told that they would be conducting field sobriety tests. The defendant allegedly performed poorly on all tests and was arrested for DUI. The defendant blew a .160 in the breath machine. This was his 2nd DUI. | |
| Result: | After the motion to suppress the State dropped the DUI. | |
| May 6, 2006 | Case: 06-CT-1440-XAM | Judge Ober |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant failed the walk and turn, one leg stand, and HGN (eye test) according to the DUI officer. The defendant was subsequently arrested for DUI. This was the defendant's second DUI in less than two years. | |
| Result: | The State dropped the DUI. | |
| May 4, 2006 | Case: 575297-X | Judge McWhorter |
| Facts: | The defendant was stopped for speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed all field sobriety tests and was arrested for DUI. He subsequently blew a .129 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 19, 2006 | Case: 03-024369MM10A | Judge Robinson |
| Facts: | The defendant was stopped for cutting off other vehicles and running into the curb. The officers noticed an odor of alcohol and that the defendant was off balance swaying from side to side. Inside the car was a six pack of Bacardi silver, an empty pint of vodka and an open container of vodka and orange juice. The defendant attempted the finger to nose test but could not stand without leaning against the car. The defendant was arrested for DUI. A urine sample revealed the presence of cocaine, hydrocodone and oxycodone. | |
| Result: | The motion was granted and the case was DISMISSED. | |
| Apr 17, 2006 | Case: 508468-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped by police for driving without her headlights. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. She was asked to perform field sobriety tests. For example, on the walk and turn, she missed heel to toe ten times and raised her arms for balance. On the one leg stand, she put her foot down four times and raised her arms for balance. The defendant refused the breath test. | |
| Result: | Based on the deposition transcript, the State dropped the DUI. | |
| Apr 13, 2006 | Case: 05-015472TCA08 | Judge Moyle |
| Facts: | The defendant was stopped at road block checkpoint. A caller had called 911 stating the defendant was driving all over the road. She identified the defendant at the checkpoint. The defendant appeared dazed, confused, and her speech was slurred. When the defendant exited the vehicle, she nearly fell. The defendant could not perform one roadside test to standards on video and appeared completely impaired. The defendant was arrested for DUI. She refused both a breath and urine test. This was the defendant's third offense for DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 12, 2006 | Case: 286741-X | Judge Lindsey |
| Facts: | The defendant was involved in a rear end traffic crash. The officer observed an odor of alcohol, slurred speech, and the defendant had urinated on himself. The defendant performed poorly on roadside tests and then refused the breath test. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| Apr 12, 2006 | Case: 503772-W | Judge McWhorter |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadsides tests. For example, on the walk and turn, the defendant stepped off the line seven times. On the one leg stand, the defendant put her foot down seven times. After her arrest for DUI, the defendant blew a .151 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 12, 2006 | Case: 086817-J | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 4, 2006 | Case: 1316-EIV | Judge Bloom |
| Facts: | The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance. | |
| Result: | On the morning of trial, the State dropped the DUI. | |
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