| Apr 19, 2010 | Case: 9242-XDY | Judge Miranda |
| Facts: | The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test. | |
| Result: | The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Apr 16, 2010 | Case: 2009-CT-001728 | Judge Jancewicz |
| Facts: | The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Apr 13, 2010 | Case: CT-3080-XDY | Judge Conrad |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 13, 2010 | Case: 10-007617MM10A | Judge Gottleib |
| Facts: | The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest. | |
| Result: | The State dropped the DUI. | |
| Apr 10, 2010 | Case: 2010-CT-002732-AXXX | Judge Carr |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 6, 2010 | Case: 48-2010-CT-002943-O | Judge Ansbro |
| Facts: | The defendant drove into a complex swerving and almost hitting a guard gate. A security guard observed all of the defendant's driving. The defendant then got out of the car and laid on the grass. The security guard then called the police as he believed the defendant to be intoxicated. When the officer arrived the defendant was laying on the grass. He observed the defendant to have an odor of alcohol, red eyes, and thick tongued speech. The defendant stated to the officer he drank beer, wanted to die, and he f'd up. An open empty bottle of beer was found in the defendant's car. He did not perform any roadsides and was arrested for DUI. He then refused the breath test. | |
| Result: | The State then Dropped the DUI. | |
| Apr 1, 2010 | Case: 2009-CT-016461 | Judge Cheek |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he fumbled with his paperwork. He admitted to drinking wine. According to the officer, he failed the field sobriety tests and was arrested for DUI. | |
| Result: | THE DUI WAS DISMISSED. | |
| Mar 31, 2010 | Case: CT-2616-XDY | Judge Mcneil |
| Facts: | The defendant was involved in a one car traffic crash. After the crash, he went into his house and had a couple of drinks. When he came outside from his house, the officer he came into contact with smelled an odor of alcohol and saw bloodshot eyes. The defendant then performed very poorly on roadside tests on video tape. For example, he missed heel to toe, used his arms for balance, and lost his balance. On the one leg stand, he swayed, put his foot down four times, and used his arms for balance. He was arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 23, 2010 | Case: 09-CT-507331 | Judge Adams |
| Facts: | The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, bloodshot eyes and he seemed confused. The defendant admitted to taking Xanax. He performed poorly on the roadside exercises. For example, on the walk and turn, he did not touch heel to toe and stepped off the line numerous times. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 23, 2010 | Case: 07-004361MM10A | Judge Gehl |
| Facts: | The defendant was involved in a rear-end crash for which he was at fault. The officer noticed an odor of alcohol, flushed face, stumbling, and bloodshot eyes. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn, the defendant did not touch heel to toe, stepped off the line, and started to early. On the one leg stand, he put his foot down a few times and used his arms for balance. He was arrested for DUI and then refused the breath test. | |
| Result: | After reviewing the depo, the State Dropped the DUI. | |
| Mar 22, 2010 | Case: 1927-XED | Judge Ortiz |
| Facts: | The defendant crashed his car into a fence after driving at a high rate of speed. The officer observed an odor of alcohol, slurred speech, a flushed face, and he had trouble maintaining his balance. The officers suspected he was impaired by a chemical and/or controlled substance, not alcohol. This was after their investigation was complete. The conclusion was based on the eye test (ie. HGN). He was requested to give urine after his arrest for DUI and he refused. | |
| Result: | The DUI was Dismissed. | |
| Mar 19, 2010 | Case: 09-001670CTMA | Judge Tinlin |
| Facts: | The defendant was stopped for reckless driving. She allegedly was driving all over the roadway. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. The officer found an open cup of red wine in the car. She refused the roadside tests and the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 19, 2010 | Case: 09-CT-013888AXXX | Judge Hanser |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and the defendant admitted to having 4-5 drinks. He then performed the roadside tests for the officer. For example, on the walk and turn, he lost his balance during the instructions, missed heel to toe, and used his arms for balance. After his arrest for DUI, he blew a .146 and .139. | |
| Result: | The State Dropped the DUI. | |
| Mar 19, 2010 | Case: 08-CT-0011633 | Judge Brewer |
| Facts: | The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, rambling speech, and red eyes. The defendant appeared confused. He then performed the roadside tests at the request of the officer. For example, on the one leg stand, he swayed and used his arms for balance. On the walk and turn, he did not touch heel to toe, stepped off the line, and raised his arms. After his arrest for DUI, he blew a .084 and .081 which were both over the legal limit. | |
| Result: | The State Dropped the DUI. | |
| Mar 15, 2010 | Case: 341851-W | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, fair speech, and bloodshot eyes. On the balance exercise, he estimated 42 seconds for 30 seconds and swayed. On the finger to nose, he missed the tip of his nose all 6 times. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI. | |
| Result: | The DUI was Dismissed. | |
| Mar 15, 2010 | Case: 4859-FZP | Judge Ortiz |
| Facts: | The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. She was unable to keep her balance while standing. She refused the roadsides and the breath test. | |
| Result: | The DUI was dismissed. | |
| Mar 9, 2010 | Case: 2009-CT-008693-O | Judge Jewett |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and she admitted having three beers. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew a .123 a.120 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Mar 6, 2010 | Case: 10-000626CT | Judge Martin |
| Facts: | The defendant was stopped for weaving several times. The officer noticed an odor of alcohol and balance problems. The defendant also admitted to drinking and had problems producing her driver's license and registration. She performed poorly on the roadsides according to the officer. For example, on the walk and turn, she lost her balance, failed to touch heel to toe, and took the incorrect number of steps. On the one leg stand, she used her arms for balance and put her foot down. She was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 3, 2010 | Case: 9058-XCM | Judge Fernandez |
| Facts: | The defendant was stopped for failing to stop at a red light while turning right and swerving. The officer noticed an odor of alcohol, a flushed face, slurred speech, and bloodshot eyes. According to the officer, the defendant did not perform the roadsides to standards. For example, on the walk and turn, he stepped off the line, did not turn correctly, and lost his balance during the instructions. One the one leg stand, he put his foot down, swayed, and hopped. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Feb 17, 2010 | Case: 06-022369MM10A | Judge Ireland |
| Facts: | The defendant was stopped for driving in the wrong direction and running a red light. The officer noticed an odor of alcohol, glassy eyes, and a flushed face. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test. | |
| Result: | The State Dropped the DUI. | |
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