| Feb 25, 2004 | Case: 03-018435MM10A | Judge Murphy |
| Facts: | The defendant was seen passed out behind the wheel of the car in the middle of the roadway. The defendant was completely intoxicated and could not perform one exercise. He was arrested and blew a .178 in the breath machine. | |
| Result: | The state dropped the DUI rather than putting the deputy on the witness stand. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Feb 23, 2004 | Case: 7409-BYS | Judge Bloom |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, blood shot eyes and the defendant was unsteady on his feet. The defendant performed poorly on field sobriety tests. The defendant also submitted to a Drug Recognition Exam.. Believing the defendant has taken drugs, a urine test was requested. He tested positive for cocaine. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2004 | Case: 03-018376TCA04 | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and said he was off balance exiting the car. The defendant performed poorly on roadsides in that he stepped off the line a number of times, put his foot down numerous times on the one leg stand, and mixed up letters in the alphabet. He refused a breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 17, 2004 | Case: 9501-BYP | Judge McWhorter |
| Facts: | The defendant was involved in an accident. The officer on scene noticed the defendant to be off balance, have a flushed face, and mumbled speech. The defendant performed very poorly on roadsides. The defendant was arrested for being impaired by some type of chemical or controlled substance. Urine was requested by a drug recognition expert officer at the station in which the defendant tested positive for cocaine, marijuana, and alprazolam. | |
| Result: | The State dropped the DUI. | |
| Feb 11, 2004 | Case: 04-007656MM10A | Judge Feiner |
| Facts: | The defendant was stopped when police observed her traveling over the posted speed limit. She did not stop at the direction of the officers. The officers then chased her until she was finally stopped. Once detained by the officers, they observed an odor of alcohol. She became abusive towards the officers and she was subsequently arrested for fleeing and eluding a police officer and DUI. She refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2004 | Case: 265578-W | Judge Krieger-Martin |
| Facts: | The police responded to a call about a driver who was passed out behind the wheel of a vehicle. When the police arrived, the defendant was slumped over wheel on his own driveway. The officers awoke the defendant and observed an odor of alcohol, slurred speech, and the defendant could not even stand up without assistance. He refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 8, 2004 | Case: 413949-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped for having an illegal tint on her window. Once stopped, the officer noticed an odor of alcohol, slurred speech, and that the defendant staggered while she walked. Another officer was called to the scene to conduct field sobriety exercises. He stated the defendant performed poorly and she was arrested for DUI. She refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Jan 27, 2004 | Case: 02-029249TCA04 (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped by an officer while on the side of the road. A call had gone out about a sick or injured driver. The officer who arrived on the scene stated that the defendant was sitting in the driver’s seat with the keys in the ignition. The officer observed an odor of alcohol, slurred speech, and the defendant to be unsteady on his feet. A DUI officer was called and the defendant performed poorly on all roadside tests. Blood was subsequently drawn and the defendant’s blood alcohol level was a .19. | |
| Result: | NOT GUILTY (in fifteen minutes). | |
| Jan 22, 2004 | Case: 03-007098TCA04 | Judge Damico |
| Facts: | The defendant was stopped for speeding and weaving. He almost struck two vehicles as he left his lane of travel. The officer observed slurred speech, an odor of alcohol, and the defendant staggered throughout the investigation. The defendant did not perform field sobriety exercises due to the fact he told the officer he had back injuries. He refused a breath test. | |
| Result: | The State dropped the DUI prior to trial. | |
| Jan 11, 2004 | Case: 131995-W | Judge Figarola |
| Facts: | The defendant was stopped for driving across three lanes of traffic and almost striking another vehicle. The officer observed and odor of alcohol, slurred speech and glassy eyes. According to the officers, he used the car for balance and became verbally abusive towards the officers. He refused the roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 9, 2004 | Case: 02-029205MM10A | Judge Cowart |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .154 in the breath machine. | |
| Result: | The State conceded the motion. | |
| Jan 7, 2004 | Case: 250999-W | Judge Newman |
| Facts: | The defendant was stopped for loud music coming from his car. When the officer approached his car, he smelled an odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety exercises. The defendant refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 3, 2004 | Case: 245111-W | Judge Haigh |
| Facts: | The defendant was sitting behind the wheel of his vehicle in the inside lane of traffic next to the curb. When the officer pulled up, he had his overhead lights flashing. He subsequently ordered the defendant out of the car. He made no DUI observations until the defendant was outside of the vehicle. He testified that the defendant was sleeping in the car and that he took the keys out of the ignition. A DUI officer was called who observed the defendant to be unsteady, have an odor of alcohol, and blood shot eyes. He performed very poorly on all of the sobriety tasks. He refused a breath test. (this was his 2nd offense). | |
| Result: | The motion was granted and all of the evidence was thrown out. The State dropped the DUI. | |
| Jan 3, 2004 | Case: 245831-W | Judge Pando |
| Facts: | The defendant was involved in an accident where he rear ended another vehicle. He could not perform roadside tasks due to his level of intoxication. The officers observed an odor of alcohol, bloodshot eyes, the defendant almost falling, and slurred speech. The defendant blew a .162 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Dec 30, 2003 | Case: 413710-X | Judge McWhorter |
| Facts: | The defendant was found by the police passed out in his vehicle in the middle of the road. He had just left the scene of an accident. The defendant was unsteady, had slurred speech, and an odor of alcohol on his breath. He was also charged with leaving the scene of an accident. The defendant was given the eye test (HGN). He refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Dec 17, 2003 | Case: 03-013971MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving carelessly through a parking lot squealing his tires. Upon exiting the vehicle the defendant was unsteady on his feet. The defendant had bloodshot eyes, slurred speech and an odor of alcohol. The defendant refused to answer any questions or provide any tests. | |
| Result: | The State dropped the DUI. | |
| Dec 17, 2003 | Case: 250738-W | Judge Pando |
| Facts: | The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant appeared to be unsteady. The defendant refused the breath test and all roadsides except HGN (the eye test). | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2003 | Case: 02-029129MM10A | Judge Gehl |
| Facts: | The defendant was stopped driving through a checkpoint. The defendant had watery eyes, and was unaware of his surroundings. The defendant was unsteady on his feet and failed all sobriety tests. When the officer asked the defendant to touch the tip of the pen he was unsuccessful. The defendant refused a breath test. | |
| Result: | Motion granted. Case Dismissed. | |
| Nov 12, 2003 | Case: 03-010459MM10A | Judge Murphy |
| Facts: | The defendant was stopped going through a checkpoint. The officer noticed bloodshot watery eyes, slurred speech and an odor of alcohol. The defendant admitted to drinking 5 beers, failed all roadside sobriety tests, and blew a .138 in the breath machine. | |
| Result: | The court granted the motion. The case was dismissed. | |
| Nov 8, 2003 | Case: 574473-X | Judge Hernandez |
| Facts: | The defendant was stopped for throwing a bottle of alcohol out of his window. The initial officer observed the defendant to have an odor of alcohol and a blank stare. When the DUI officer arrived , the defendant could not follow any instructions and could not comprehend anything. He was unable to perform any sobriety tests. He refused a breath test. This was the defendant’s 2nd offense. | |
| Result: | The State dropped the DUI. | |
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