| Feb 16, 2010 | Case: 2201-XED | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding and almost colliding with another car. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he failed the roadside tests and was arrested for DUI. For example, on the walk and turn, he paused to regain his balance, did not touch heel to toe, and stepped off the line. On the finger to nose, he missed the tip of his nose and did not remove his finger from his nose. After his arrest, he blew a .164 and .151 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Feb 9, 2010 | Case: 2009-CT-3733 (JURY TRIAL) | Judge Ashenafi-Richardson |
| Facts: | The defendant was stopped for making a wide turn, almost striking a police car, and hitting a curb. The officer noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant swayed and had problems walking. At the beginning of the walk and turn exercise, the defendant was unable to hold the instructional stance. The defendant then started to ask questions about the consequences of refusing the tests. He never got a straight answer from the officer and was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 8, 2010 | Case: 2010-CT-015576 | Judge Evans |
| Facts: | The defendant was stopped as he approached a traffic crash scene at a high rate of speed and he came to an abrupt stop. Officers came up to the car and ordered him to roll down his windows. They observed the defendant to have an odor of alcohol, bloodshot eyes, and slow speech. While he was still inside the car, he was asked to perform roadside tests. He refused and when he finally stepped out of the car, he was arrested for DUI. He then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jan 29, 2010 | Case: 2008-CT-7781 | Judge Draper |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, a dazed look, and bloodshot eyes. The defendant stated he had a few drinks. He performed poorly on the roadside tests according to the officer and was arrested for DUI. For example, on the walk turn, he took the incorrect number of steps, raised his arms for balance, and did not touch heel to toe. After his arrest, he blew a .119 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Jan 27, 2010 | Case: 09-2080MM10A (JURY TRIAL) | Judge Ireland |
| Facts: | The defendant was the "at-fault" driver in a rear end crash. The officer arrived on scene and advised the defendant that he was conducting a DUI investigation. As he spoke with the defendant the officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. It should be noted that the video back at the police station indicated slurred speech as well. The defendant then performed a series of field sobriety tests. On the walk and turn test, the defendant swayed back and forth, failed to walk heel to toe, and stepped off the line several times. On the one leg stand test, the defendant stomped her foot several times and almost fell over. The test was discontinued for her safety. On the finger to nose test, the defendant failed to touch the tip of her nose on each attempt. The defendant was arrested for DUI. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jan 25, 2010 | Case: 08-2585MM10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a traffic crash on the highway with extensive damage. The Trooper observed a strong odor of alcohol, extremely slurred speech and bloodshot eyes. The defendant then performed a series of field sobriety exercises. On the walk and turn test, the defendant failed to walk heel to toe and stepped off the line several times. On the HGN (eye test), she indicated all six clues of nystagmus. During the investigation, the Trooper spoke with an independent civilian witness that allegedly identified the defendant as the driver in the accident. The defendant was arrested for DUI. | |
| Result: | The motion was granted and the state dropped the DUI. | |
| Jan 20, 2010 | Case: 08-03557MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for speeding. The officer immediately observed an open 18 pack of bud light in the car with a green cup filled with beer. The officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer then called for another deputy to perform the field sobriety tests. After failing to touch heel to toe on the walk and turn test as well as dropping his foot 4 times on the one leg stand, the defendant was arrested for DUI. Upon arrest, the first officer discovered 2 pill bottles in the vehicle. At the breath alcohol testing center the defendant performed the field sobriety tests again on video. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 19, 2010 | Case: 5297-XDQ | Judge Ortiz |
| Facts: | The defendant was involved in a rear-end collision in which she was at fault. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had a hard time standing upright. The defendant could not perform any roadside tests up to standards due to her high level of intoxication. After her arrest for DUI, she refused the breath test. She was also arrested for resisting an officer without violence for not allowing the officers to cuff her and criminal mischief for kicking the patrol car. | |
| Result: | The State Dropped the DUI and dismissed the other two charges. | |
| Jan 12, 2010 | Case: CT-000211-XEX | Judge Mcneil |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, watery eyes, and he admitting drinking beers. According to the officer, he performed poorly on roadside tests which were taped. He was then arrested for DUI. He subsequently refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 12, 2010 | Case: CT-002284-GKF | Judge Dominguez |
| Facts: | The defendant was stopped for weaving and speeding which was captured on tape. The officer observed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. He then performed the field sobriety tests on video tape. For example, on the walk and turn, he failed to maintain his balance and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI. | |
| Result: | The State Dismissed the DUI. | |
| Jan 10, 2010 | Case: 08-019710MM10A | Judge Murphy |
| Facts: | The defendant was stopped for speeding as he was traveling over 100 miles per hour. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. For example, on the walk and turn, he lost his balance and did not touch heel to toe. After his arrest, he blew a .181 and .169 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jan 3, 2010 | Case: 7828-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and he admitted to drinking. The defendant stumbled upon exiting the car. Due to "safety" concerns, the roadsides were done at the station to which the defendant performed poorly due to his level of intoxication. The defendant blew a .248 in the breath machine. | |
| Result: | The DUI was Dismissed on the morning of trial. | |
| Jan 3, 2010 | Case: 2554-XED | Judge Seraphin |
| Facts: | The defendant was stopped for driving in the wrong direction. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also admitted to drinking wine. On the one leg stand test, he put his foot down more than three times and the test was stopped. On the walk and turn, he stepped off the line, did not touch heel to toe, and lost his balance. He was arrested for DUI and blew a .236 and a .236 in the breath machine. | |
| Result: | The DUI was Dismissed on Speedy Trial grounds. | |
| Jan 3, 2010 | Case: 5112-XED | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking beer. The defendant did not perform the roadside tests to standards and was arrested for DUI. After his arrest, the police also found marijuana on the defendant. He then blew a .176 in the breath machine. | |
| Result: | The State Dismissed the DUI. | |
| Jan 2, 2010 | Case: 1760-XAC | Judge Miranda |
| Facts: | The defendant was involved in a rear end collision which he was not at fault. When the officer arrived, he observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant stated he had been drinking that night. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn test, the defendant used his arms for balance, took the incorrect number of steps, and started to early. The defendant was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Dec 16, 2009 | Case: 2009-CT-013048AXXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped after locking up his brakes and skidding into an intersection at a red light. The officer noticed an odor of alcohol, slurred speech, and a heavy Spanish accent. The defendant performed the roadside tests. For example, on the walk and turn, he took twelve steps instead of nine and turned incorrectly. On the one leg stand, he put his foot down and swayed. The defendant spoke very little English and no Spanish speaking officer was called to the scene. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Dec 10, 2009 | Case: CT-000327-XCM | Judge Lefler |
| Facts: | The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal. | |
| Result: | The State Dropped the DUI. | |
| Dec 6, 2009 | Case: 2008-CT-029970AXX | Judge Bonavita |
| Facts: | The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused. | |
| Result: | The State Dropped the DUI. | |
| Dec 2, 2009 | Case: 08-002892-CTMA | Judge Tinlin |
| Facts: | The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Dec 1, 2009 | Case: 9154-XEC | Judge Bloom |
| Facts: | The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine. | |
| Result: | Just prior the motion hearing, the State dropped the DUI. | |
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