| Jun 15, 2010 | Case: 08-026630MM10A | Judge Murphy |
| Facts: | The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall. | |
| Result: | The State dropped the DUI on the morning of trial. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jun 14, 2010 | Case: 5064-XDY (JURY TRIAL) | Judge Ortiz |
| Facts: | The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI. | |
| Result: | In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI. | |
| Jun 14, 2010 | Case: 09-022623MM10A (JURY TRIAL) | Judge Ireland |
| Facts: | The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 12, 2010 | Case: 09-003338MM10A | Judge Seidman |
| Facts: | The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 12, 2010 | Case: 48-2009-CT-006663-O | Judge Shoemaker |
| Facts: | The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test. | |
| Result: | On the morning of trial, the DUI was Dismissed. | |
| Jun 12, 2010 | Case: 48-2009-CT-000771-E | Judge Allen |
| Facts: | The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine. | |
| Result: | On the morning of trial, the DUI was Dismissed. | |
| Jun 7, 2010 | Case: CT-005923-XEC | Judge Huey |
| Facts: | The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI. | |
| Result: | The State Dropped the DUI. | |
| May 26, 2010 | Case: 09-3124MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant was stopped for speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The officer who responded observed the same as above plus a flushed face, stumbling, and the defendant holding the car door for support. The defendant refused to perform the roadsides. He was arrested for DUI and then refused the breath test. This was the defendant's fourth DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. It should be noted, the firm won the defendant's third DUI arrest for DUI at a jury trial also. | |
| May 26, 2010 | Case: 09-015087MM10A | Judge Murphy |
| Facts: | The defendant hit a parked car in a parking lot. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking. On the one leg stand test, the defendant could only hold his foot up for 4 seconds then could not complete the task. On the finger to nose test, the defendant missed his nose and used the wrong hand. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 20, 2010 | Case: CT-001285-XDY | Judge Thomas |
| Facts: | The defendant crashed his car into a telephone pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. He was slow to respond to the officers' commands and had glassy/droopy eyes. He refused to do the roadside tests and then refused the breath test. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| May 19, 2010 | Case: 09-007486MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving 63mph in a 35mph zone. The stopping officer was a member of the DUI task force. His initial observations were an odor of alcohol, bloodshot/watery eyes, slurred speech, lethargic movements and a flushed face. The deputy observed swaying while the defendant exited the vehicle. Based on the observations, the deputy requested that the defendant perform field sobriety tests. On the walk and turn test the defendant failed to touch heel to toe and stepped off the line. On the one leg stand test the defendant dropped his foot four separate times. On the finger to nose test the defendant failed to touch the tip of his nose on all six attempts. The defendant was arrested for DUI and provided a urine sample which tested positive for cannabis. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| May 18, 2010 | Case: 2009-CT-009929AXXX (JURY TRIAL) | Judge Bonavita |
| Facts: | The defendant was stopped for driving 100 mph in a 45 mph zone. The officer who made the stop observed an odor of alcohol, delayed responses, extremely slurred speech, and red/glassy eyes. He then called for another officer to conduct the DUI investigation. The other officer, who was doing his first DUI investigation, observed slurred speech, an odor of alcohol, a slight sway, and the defendant admitted to having three beers. The defendant agreed to perform the roadside tests which were not video taped. He performed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .141 and .138 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| May 11, 2010 | Case: 2010-CT-001793AXX | Judge Moyle |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. He admitted to drinking a long island iced tea. He performed poorly on roadside tests according to the officer. For example, on the walk and turn, he raised his arms, failed to touch heel to toe, and stepped off the line. On the one leg stand, he swayed and did not look at his foot. On the finger to nose, he did not touch the tip of nose several times. After his arrest for DUI, he blew a .139 and .135 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 10, 2010 | Case: 2010-MM-004357A | Judge Woodard |
| Facts: | The defendant was stopped for driving on the rim of his tire with sparks flying. The officer noticed an odor of alcohol, bloodshot eyes, an the defendant stated he drank 2-3 beers. He was then asked to perform the roadside tests to which he complied. For example, on the walk and turn, he failed to touch heel to toe and lost his balance. On the one leg stand, he put his foot down and did not look at his foot. After his arrest, he blew a .176, .132, and .138 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 4, 2010 | Case: 8126-XEJ | Judge Ortiz |
| Facts: | The defendant was stopped for running a red light and speeding. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadside tests. For example, on the walk and turn, she lost her balance, stepped off the line, and took more than the required nine steps. On the one leg stand, she put her foot down, swayed, and used her arms for balance. She was arrested for DUI and then blew a .137 and .133 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 4, 2010 | Case: 2009-CT-3067 | Judge Townsend |
| Facts: | The defendant was stopped for driving under the influence. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the two officers on scene, he failed the field sobriety tests. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 1, 2010 | Case: 09-115MM10A | Judge Ross |
| Facts: | The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test. | |
| Result: | THE STATE DROPPED THE DUI on the morning of the trial. | |
| Apr 28, 2010 | Case: 09-0631XBZTES-14 | Judge Sestak |
| Facts: | The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 26, 2010 | Case: 2010-CT-1925 | Judge Boyer |
| Facts: | The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine. | |
| Result: | On the day of trial, the State Dropped the DUI. | |
| Apr 19, 2010 | Case: 8291-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
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