| Jun 7, 2004 | Case: 085992-J | Judge Krieger-Martin |
| Facts: | The defendant was involved in an accident in which the vehicle flipped over. The trooper arrived and noticed an odor of alcohol, slurred speech and the defendant appeared confused and off balance. He performed poorly on roadside tests and blew a .174 in the breath machine. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 7, 2004 | Case: 466367-W | Judge McWhorter |
| Facts: | The defendant was stopped for obstructing traffic. The officer observed bloodshot eyes, an odor of alcohol, slurred speech and the defendant could not maintain his balance. The defendant refused all sobriety tests. This was the defendant's 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2004 | Case: 250795-W | Judge Bloom |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed all roadside tests and blew a .211 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 20, 2004 | Case: 03-021434MMA99 | Judge Damico |
| Facts: | The defendant was stopped after allegedly failing to yield to a police officer’s vehicle. Once stopped, the officer noticed an odor of alcohol and slurred speech. Another officer was called to the scene to administer field sobriety exercises. The officer was in training and this was her second DUI investigation. She observed the defendant to stagger as he walked and perform poorly on roadside tests. The defendant was arrested for DUI and refused the breath test. This was the defendant’s second offense and marijuana was also found in the car. | |
| Result: | Motions granted. The State dismissed the DUI and Marijuana charges. | |
| May 17, 2004 | Case: 575347-X | Judge Prescott |
| Facts: | The defendant was involved in an accident in which she ran into a house. The person who owns the house came outside and told her to stay and wait for the police. The defendant took off and was stopped in her car by another person in the neighborhood. She was detained by that person until the police arrived. When the police arrived, she told them she had been drinking and had taken Xanax. The officers observed balance problems, slurred speech, and odor of alcohol. She performed poorly on roadside tests. She refused to take the breath test. She was charged with DUI and Leaving the scene of an accident. | |
| Result: | The State dropped the DUI. | |
| May 14, 2004 | Case: 04-515MM10A | Judge Levenson |
| Facts: | The defendant was stopped for swerving all over the road and hitting a curb. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all roadside tests and was arrested for DUI. He subsequently blew a .186 and told the officers he had 6 icehouse beers. This was his 2nd DUI. | |
| Result: | The Judge dismissed the charges. | |
| May 8, 2004 | Case: 03-011382MM10A | Judge Zack |
| Facts: | The defendant was stopped for weaving on the roadway. The officer noticed an odor of alcohol and bloodshot eyes. The officer stated that the defendant performed poorly on all roadside tests. She was subsequently arrested for DUI and blew a .110 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 4, 2004 | Case: 316853-X | Judge Bloom |
| Facts: | An anonymous caller called stating the defendant was driving erratically through the parking lot at a shopping center. The officer subsequently stopped the vehicle. The officer observed no traffic infraction and no erratic driving pattern. The officer observed the defendant to have an odor of alcohol, slurred speech, and the defendant appeared off balance. The defendant performed poorly on roadsides and he had marijuana in the car. He blew a .256 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Apr 22, 2004 | Case: 03-004192MM10A | Judge Diaz |
| Facts: | The defendant’s vehicle was stopped for swerving off the road. The officer stated that the defendant and another person in the vehicle switched seats. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. According to the officer, the defendant failed all roadside tests. She was arrested and blew a .103 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 21, 2004 | Case: 02-010912MM10A | Judge Robinson |
| Facts: | The defendant was stopped for almost colliding with 2 pedestrians. Inside his vehicle was a bottle of alcohol. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant was arrested and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2004 | Case: 2004-CT-8527-0 | Judge Martinez |
| Facts: | The defendant was stopped in Orlando for failure to maintain a single lane for allegedly driving off the roadway on the grass one time. The trooper observed an odor of alcohol, thick tongued speech and balance problems. He performed poorly on roadside tasks on video and blew a .124 in the breath machine. | |
| Result: | Just prior to the motion hearing, the State conceded the motion after reviewing the applicable Florida case law. The DUI was dismissed. | |
| Apr 6, 2004 | Case: 04-003395MM10A | Judge Murphy |
| Facts: | Officers came in contact with the defendant and observed an odor of alcohol on the defendant’s breath, slurred speech and blood shot eyes. After performing poorly on all field sobriety tests, the defendant was arrested for DUI and blew a .18 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Apr 3, 2004 | Case: 03-10959MM10A | Judge Cowart |
| Facts: | The defendant was stopped for brake light not functioning. The defendant used her vehicle to exit and was unsteady while walking. She had two open bottles of beer in the car. She had an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. She failed all roadside tests and was arrested for DUI. The defendant blew a .218. (2nd offense) | |
| Result: | After the argument, the prosecutor conceded the motion. The DUI was dropped. | |
| Mar 29, 2004 | Case: 8365-BYS | Judge McWhorter |
| Facts: | The defendant was stopped for weaving and driving 25 mph in a 55 mph zone. The defendant had slurred speech and was unsteady on his feet. He performed poorly on roadsides. The officer believed the defendant was impaired by drugs. A Drug recognition exam was conducted and the Officer concluded the defendant was impaired by marijuana. | |
| Result: | The State dropped the DUI. | |
| Mar 29, 2004 | Case: 306336-X | Judge Figarola |
| Facts: | The defendant was stopped for weaving and driving without headlights. The officer observed unsteadiness, an odor of alcohol, and slurred and mumbled speech. He refused roadsides stating, "I’m drunk, just arrest me and get this over with." That was according to the officer. He refused to take a breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2004 | Case: 456379-W | Judge Newman |
| Facts: | The defendant was stopped by police when he was slumped over the wheel in the roadway. The officers observed an odor of alcohol, slurred speech, and he was uncooperative. He refused roadsides and refused a breath test. His license was also suspended and it was his 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Mar 22, 2004 | Case: 411123-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer who stopped him observed the defendant to be unsteady, have an odor of alcohol on his breath and slurred speech. According to the officer the defendant failed every field sobriety test. After being placed under arrest for DUI, he subsequently refused a breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 22, 2004 | Case: 082951-J | Judge Bloom |
| Facts: | The defendant was on the side of the road because his car caught on fire. During a conversation with the Trooper, the defendant admitted to driving and drinking wine. The Trooper stated that the defendant could not even stand up. Several roadsides were conducted and according to the Trooper the defendant failed all of them. He was arrested, and subsequently blew a .202 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2004 | Case: 574510-X | Judge Pando |
| Facts: | The defendant was stopped for running a red light. Once stopped, the officer observed an odor of alcohol, bloodshot eyes. The defendant was also observed tripping over his feet when he walked. A DUI officer was called out to conduct the investigation. According to the officer, the defendant performed poorly on roadside tests and was subsequently arrested for DUI. He refused a breath test. This was the defendant’s 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2004 | Case: 01-9748MM10A | Judge Gehl |
| Facts: | A deputy approached the defendant’s car in a parking lot and told him not to drive. The defendant was seen driving soon after the encounter. The deputy stopped the defendant for the second time and observed an odor of alcohol, bloodshot eyes and some unsteadiness when he exited the car. The deputy concluded that the defendant failed the roadside tests and arrested him for DUI. The defendant blew a .098 into the breath machine. | |
| Result: | At trial, after the prosecutor called their last witness, the defense argued a motion to suppress based on the poor testimony of the arresting officer. The motion was granted. All evidence was thrown out. | |
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