| Oct 2, 2010 | Case: 2009-CT-006803AXXX | Judge Cox |
| Facts: | The defendant was involved in a traffic crash whereby he lost control of his vehicle, hit a cement barrier wall, then struck a guardrail. The defendant was immediately taken to the hospital by fire rescue. The trooper met the defendant at the hospital where she noticed and odor of alcohol, flushed face, and watery eyes. The trooper then ordered blood be taken from the defendant since he was not able to give a breath test. The blood results revealed a blood alcohol content of .118. The defendant was later arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
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OUR RECENT DUI VICTORIES
| Oct 2, 2010 | Case: CT-OO749-XAM | Judge Courtney |
| Facts: | The defendant was stopped for weaving. After being pulled over, the defendant stated she was distracted. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. She then performed the field sobriety tests which were video taped. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 29, 2010 | Case: 2010-CT-011322-O | Judge Jewitt |
| Facts: | The defendant was stopped due to the defendant being in a hit and run accident. The officer observed the defendant fumble with her paperwork, slurred speech, and she stated she took medications for being bi-polar. She also appeared to doze off at times. She performed very poorly on the roadside tests and was arrested for DUI. The officer concluded she was impaired by a chemical or controlled substance and requested a urine test. | |
| Result: | The State Dropped the DUI. | |
| Sep 27, 2010 | Case: 2010-CT-003638AXXX | Judge Cox |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and flushed face. He was also unsteady getting out of the car. He refused roadsides on video. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 20, 2010 | Case: 8905-XCM | Judge Schwartz |
| Facts: | The defendant was stopped for speeding. The officer observed and odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. She performed terribly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 16, 2010 | Case: CT-OO9054-XEF | Judge Courtney |
| Facts: | The defendant was stopped for not stopping at a stop sign while making a turn. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a "corona bomb" and a shot of Bacardi one lime. She stated she felt the effects of the alcohol a little. According to the officer's reports, she performed poorly on the roadside tests which were video taped. After her arrest for DUI, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 16, 2010 | Case: CT-008674-XEF | Judge Jeske |
| Facts: | The defendant was stopped for obstructing traffic at an intersection. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed field sobriety tests at the request of the officer. On the walk and turn, he took too many steps and on the one leg stand, he put his foot down. On the count backwards test he mixed up all the numbers and on the alphabet mixed up many letters. He was then arrested for DUI. All of which was video taped. He refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 15, 2010 | Case: 2010-CT-007722AXXX (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for weaving in and out of his lane at least eight times. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a dazed look. The officer also testified that the defendant was off balance, uneasy, and uncooperative. The defendant refused the roadside tests and was arrested for DUI. There was a video tape at the scene. After his arrest, he agreed to give a breath sample. However, on video at the breath testing facility, they stated he was playing games and they could not get two valid readings so the police called it a refusal. It should be noted, the State did get one valid reading and it was .192, which was not introduced into evidence. This was the defendant's second DUI within the last five years. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Sep 12, 2010 | Case: 2518-XDP (JURY TRIAL) | Judge Krieger-Martin |
| Facts: | The defendant was stopped for making an illegal right on red. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests. For example, on the walk and turn, he stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand, he put his foot down four times and raised his arms for balance. He was arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 11, 2010 | Case: 2009-CT-002952 | Judge Janecwicz |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he spoke slowly. According to the officer, he performed poorly on the roadside tests. He was arrested for DUI, and blew a .123 and .116 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Sep 11, 2010 | Case: CT-OO9808-GKF | Judge Jeske |
| Facts: | The defendant was stopped by the police based on a call about a reckless driver. Once stopped by police, the officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Sep 8, 2010 | Case: CT-008942-XEF | Judge Lefler |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .145 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 30, 2010 | Case: 6640-XDX | Judge Miranda |
| Facts: | A call went out about a burglar alarm going off in a neighborhood. Police arrived and stopped the defendant who was driving slowly. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He had trouble maintaining his balance once outside the car. He performed poorly on the roadside tests and was arrested for DUI. He then blew a .136 and .128 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 27, 2010 | Case: 2010-CT-00494-A-K | Judge Miller |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He was also uneasy upon his feet and leaned on his car for balance. He then refused the roadside tests and the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 26, 2010 | Case: CT-6685-XEL | Judge Thomas |
| Facts: | An unknown person had called from a blockbuster video that the defendant was honking his horn repeatedly. Police arrived and found the defendant driving through the parking lot and they initiated a traffic stop. The officers observed an odor of alcohol, slurred speech, and he was repeating things. They also observed swaying and he admitted drinking beer. He performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .142 and .139 in the breath machine. | |
| Result: | The defense put forth that there was no legal basis for the traffic stop. The State Dropped the DUI. | |
| Aug 17, 2010 | Case: 2010-CT-005878AXXX | Judge Arias |
| Facts: | The defendant was seen speeding through a security gate by a civilian. The defendant then stopped, the police were called, and contact was made by the police who detained the defendant. The officer noticed an odor of alcohol, several beer cans in the car, and watery eyes. The defendant swayed as he stood and admitted to drinking 4-5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Aug 17, 2010 | Case: 08-007011MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, glassy eyes, flushed face, and slurred speech. The officer who made the traffic stop then called for a DUI officer. He made somewhat similar observations. The defendant stated to the DUI officer he drank a few pints of beer and was viewed as being unsteady on his feet. According to the DUI officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Aug 12, 2010 | Case: 48-2010-CT-002118-0 | Judge Allen |
| Facts: | The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Aug 12, 2010 | Case: 48-2010-CT-004936-0 | Judge Shoemaker |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 11, 2010 | Case: 08-027331MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer. | |
| Result: | The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI. | |
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