| Mar 29, 2005 | Case: 05-000259MMA | Judge Eriksson |
| Facts: | The defendant was involved in an accident in which he hit a utility pole. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests. He tested positive in a urine test for amphetamines. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 28, 2005 | Case: 508309-X | Judge Tunis |
| Facts: | The defendant was stopped by police because she almost ran over a Public Service Aid who was setting up cones in the road. The officer who stopped her observed her speeding and failing to maintain a single lane. Once stopped, he observed an odor of alcohol, bloodshot eyes, and she refused roadside tests. She also refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2005 | Case: 03-029877MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was driving 80mph in a 65mph zone. The deputy stated that the defendant drove off the highway 15 different times. The trooper investigating the DUI came on scene. He noticed an odor of alcohol, flushed face and bloodshot eyes. He also noticed that the defendant was swaying and staggering all over the place. Because of a language barrier roadside tests were not conducted. | |
| Result: | After the Jury was selected the State dropped the DUI. | |
| Mar 21, 2005 | Case: 550457-X | Judge Ortiz |
| Facts: | The defendant was involved in a crash in which she struck a pole after driving at a high rate of speed and losing control of her car. When the officers arrived, she was off balance, had an odor of alcohol, and slurred speech. She performed poorly on roadside tests and she refused the breath test. The defendant had admitted to having "quite a few drinks." | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2005 | Case: 04-026272TCA04 (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was first seen exiting the porterhouse bar and grill. He entered his vehicle which was illegally parked in a handicap spot. The officer asked the defendant to exit the vehicle and issued him a citation for parking in a handicap spot. The defendant began to scream and at one point threw his shoe at the police. The officer smelled a strong odor of alcohol and noticed red glassy eyes. The defendant continued to scream at the police for the next 50 minutes stumbling throughout the parking lot. The officer told him to take a cab. The defendant responded "I'm not stupid, I know I'm too drunk to drive." Soon after, the defendant jumped in his vehicle and attempted to back out. The officers immediately pulled the defendant out of the vehicle and placed him under arrest for DUI. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant NOT GUILTY in ten minutes. | |
| Mar 17, 2005 | Case: 04-23096MM10A | Judge Feiner |
| Facts: | The defendant was stopped while driving through a sobriety checkpoint. The deputy noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was unable to walk heel to toe on the first test. On the second test the defendant could not touch his finger to his nose. He was arrested for DUI and provided a urine test for the detection of drugs. | |
| Result: | The DUI was dismissed. | |
| Mar 15, 2005 | Case: 04-026989TCA04 | Judge Damico |
| Facts: | The defendant was stopped for cutting off traffic and repeatedly honking her horn. Once stopped, the officers observed an odor of alcohol, slurred speech and balance problems. She failed roadside tests and refused the breath test. She had been previously been told by another officer at the bar not to drive and take a cab home. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2005 | Case: 04-3732MM10A | Judge Lerner-Wren |
| Facts: | The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Mar 14, 2005 | Case: CT-721754-X | Judge Dominguez |
| Facts: | The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Mar 10, 2005 | Case: 05-3176MM10A | Judge Murphy |
| Facts: | The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine. | |
| Result: | At the conclusion of the motion to suppress, the State dropped the DUI. | |
| Mar 10, 2005 | Case: 501146-W | Judge Newman |
| Facts: | The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant. | |
| Mar 10, 2005 | Case: 508960-X | Judge Newman |
| Facts: | Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2005 | Case: 04-021014MM10A | Judge Feiner |
| Facts: | The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test. | |
| Result: | The State dismissed all charges on the morning of trial. | |
| Mar 2, 2005 | Case: 2004-CT-02441-A-K | Judge Fowler |
| Facts: | The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2005 | Case: 250935-W | Judge Newman |
| Facts: | The defendant was involved in an accident in which he rear ended another vehicle. The officer who arrived on scene observed balance problems, an odor of alcohol, and slurred speech. The defendant was outside the vehicle when the officers arrived. He performed poorly on roadside tests and blew a .201 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 24, 2005 | Case: 04-012670MM10A | Judge Levenson |
| Facts: | The defendant was stopped for squealing his tires and making a wide turn. The defendant failed to pull his car over for several blocks after the officer placed his lights on. The DUI task force was called to the scene. The deputy smelled a strong odor of alcohol, bloodshot eyes and slurred speech. He failed all roadside sobriety exercises and blew a .183 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 23, 2005 | Case: 2004-CT015407-O | Judge Fleming |
| Facts: | The defendant was stopped for speeding and weaving in and out of traffic by the Orange County Sheriff's Office in Orlando. The officer observed and odor of alcohol, bloodshot eyes, and balance problems. The defendant admitted to having a couple of beers. According to the officer, he performed poorly on roadside tests. He then blew a .083 in the breath machine after his arrest for DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2005 | Case: 488676-X | Judge Newman |
| Facts: | The defendant was stopped for running a red light. Once stopped, the defendant was observed to have an odor of alcohol, slurred speech, and balance problems. She performed poorly on roadside tests and then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2005 | Case: 04-011108MM10A | Judge Levenson |
| Facts: | The defendant was stopped for driving at a high rate of speed and squealing his tires. Once stopped, the officers observed an odor of alcohol, slurred speech and blood hot eyes. he performed poorly on roadside tests and blew a .17 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2005 | Case: 04-8738MM10A | Judge Feiner |
| Facts: | The defendant was stopped for running a red light almost crashing into a DUI deputy. The deputy noticed an odor of alcohol, flushed face and bloodshot eyes. The defendant performed poorly on the roadside exercises and refused a breath test. | |
| Result: | Just prior to the jury entering the courtroom the State dropped the DUI. | |
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