| Dec 11, 2007 | Case: 3043-XDH | Judge Krieger-Martin |
| Facts: | The defendant was stopped for weaving and almost striking 2 different vehicles. The officer noticed a strong odor of alcohol, bloodshot/watery eyes and slurred speech. The defendant allegedly held onto the door for balance as he exited the car. He then performed the walk and turn test, and the one leg stand. He was subsequently arrested for DUI and blew a .168 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
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OUR RECENT DUI VICTORIES
| Dec 3, 2007 | Case: 489176-X (JURY TRIAL) | Judge Lindsey |
| Facts: | The defendant was stopped for driving on the center lane marker and constantly hitting his brakes for no reason. Once stopped, the officer observed an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The defendant failed the field sobriety tests at the scene. For example, on the walk and turn, he stepped off the line, turned incorrectly, and did not touch heel to toe. On the one-leg stand, he swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .082 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Dec 3, 2007 | Case: CT-001385-XCG | Judge Conrad |
| Facts: | The defendant was stopped for being involved in an accident. Prior to stopping the defendant, the officer noticed a heavily damaged vehicle. The officer observed an odor of alcohol, bloodshot eyes and extremely slurred speech. Also, he was very unstable on his feet. All of the observations were captured on video. The defendant refused all testing and was arrested for DUI. In the police car he continuously banged his head against the cage. He was eventually hogtied for his safety. | |
| Result: | At the motion to dismiss, the State dropped the DUI. | |
| Dec 2, 2007 | Case: 06-CT-1319-XCG | Judge Lefler |
| Facts: | The defendant was stopped for speeding and drifting from lane to lane. The officer observed an odor of alcohol and bloodshot, glassy eyes. A DUI unit was called to the scene and that officer made similar observations. The defendant performed field sobriety exercises on video tape at the scene. In the officer's reports, he wrote that she failed all the tests including the walk and turn, one leg stand, finger to nose, and rhomberg balance exercise. The defendant refused the breath test after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2007 | Case: 2006-CT-003913AXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for driving off the roadway and speeding. The initial officer observed an odor of alcohol and then called for a DUI unit. The DUI officer observed an odor of alcohol, thick tongued speech, and unsteadiness exiting the car. The defendant refused to perform the field sobriety tests, however, blew a .113 in the breath machine after the arrest for DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 19, 2007 | Case: 384638-W | Judge Newman |
| Facts: | The defendant was involved in a car accident whereby he sideswiped another car. Upon arrival, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four beers and had difficulty standing. The defendant was unable to perform any roadside tasks due to his condition. After his arrest for DUI, he blew a .164 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 19, 2007 | Case: 3068-XDH | Judge Newman |
| Facts: | The defendant was observed by the police nearly striking a pedestrian crossing the street after running a red light. The officer noticed an odor of alcohol, slurred speech and a flushed face. The defendant admitted to drinking two cups of wine. He performed poorly on the field sobriety tasks and then refused the breath test. The defendant was very insulting towards the arresting officer during the entire investigation. | |
| Result: | ON THE MORNING OF TRIAL, THE DUI WAS DISMISSED. | |
| Nov 19, 2007 | Case: 2749-XDP | Judge Krieger-Martin |
| Facts: | The defendant backed her car into an un-marked police truck outside a bar which caused damage to both vehicles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She refused the roadside tests as well as the breath test. | |
| Result: | THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL. | |
| Nov 16, 2007 | Case: 07-001276MM10A | Judge Pollack |
| Facts: | The defendant was involved in a hit and run accident. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and she was swaying from side to side. The DUI task force officer conducted the following field sobriety tests. On the walk and turn test, she lost her balance during the instructional stance and stepped off the line. On the finger to nose exercise, she failed to keep her eyes closed and was swaying. She refused to perform the one leg stand. The defendant was arrested and blew a .124 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Nov 15, 2007 | Case: TT07-4697-BA | Judge Green |
| Facts: | The defendant was involved in a crash in which he was ejected from the vehicle and landed seventy feet away from car. When the officer arrived, the defendant was being treated by medical personnel. The officer observed an odor of alcohol, mood swings, and the defendant was combative. At the scene, the defendant stated his friend was driving. At the hospital, he then admitted to being the driver involved in the crash. Medical blood was drawn from the defendant at the hospital. | |
| Result: | Prior to the motion hearing, the State stipulated to the motion to exclude the statements. Thus, the State could not prove the defendant was the driver of the car without the statements. THE STATE THEN DROPPED THE DUI. | |
| Nov 15, 2007 | Case: 06-009480CF10A | Judge Kaplan |
| Facts: | The defendant was stopped for swerving all over the road almost causing several accidents. The officer observed a strong odor of alcohol, bloodshot eyes and flushed face. When he exited the car, the officer noticed that he was swaying from side to side. The DUI officer arrived and asked the defendant to perform field sobriety tests. On the walk and turn test, the defendant failed to walk heel to toe, and was off the line on every step. On the one leg stand the defendant placed his foot down several times. On the finger to nose test, he used the wrong hand and never touched his nose. The defendant was charged with 4th offense felony DUI. | |
| Result: | Motion Granted. Case Dismissed. | |
| Nov 14, 2007 | Case: 07-CT-000600ASB | Judge Damico |
| Facts: | The defendant was stopped for running a red light. The officer observed slightly slurred speech, an odor of alcohol, bloodshot eyes, and a dazed look upon his face. The defendant stated he drank two Jack Daniels cocktails. The defendant performed poorly on field sobriety tasks according to the officer. After his arrest for DUI, he blew a .101 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Nov 12, 2007 | Case: 05-036889TCA08 (JURY TRIAL) | Judge Cohen |
| Facts: | The defendant was stopped for weaving and changing speeds for almost three miles. The officer observed an odor of alcohol, slurred speech, and a sway to his stance when he was out of the car. The defendant refused roadsides and appeared to be disoriented. During the officer's time with the defendant, he appeared to be paranoid and delusional. He was talking about conspiracy theories, cops stealing his identity and car, and buried weapons. The defendant admitted coming from a bar and after his arrest for DUI refused the breath test. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Nov 10, 2007 | Case: 07-000349MM10A | Judge Ireland |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer completed field sobriety tests and arrested the defendant for DUI. A urine test revealed cocaine, cannabis, xanax and benzodiazepam. | |
| Result: | The State dropped the DUI just prior to the motions being argued. | |
| Nov 10, 2007 | Case: 07-000245MM10A | Judge Diaz |
| Facts: | The defendant was stopped for allegedly drifting and failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI task force officer to conduct the criminal investigation. After field sobriety tests, the officer arrested the defendant for DUI. He blew a .204 in the breath machine. This was his 2nd offense for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2007 | Case: 07-CT-003435-XAM | Judge Conrad |
| Facts: | The defendant was stopped for weaving and following vehicles too closely. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant performed the roadside tasks which were captured on video. On the walk and turn test, he took an incorrect number of steps and appeared wobbly. On the one leg stand, he hopped numerous times. After his arrest for DUI, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2007 | Case: 07-CT-005667-XDN | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on field sobriety exercises according to the officer which were video taped. This was the defendant's second DUI and he refused the breath test. | |
| Result: | Prior to trial, the STATE DROPPED THE DUI. | |
| Nov 7, 2007 | Case: 05-16960MM10A (JURY TRIAL) | Judge Diaz |
| Facts: | The defendant was sleeping in the middle of the road. A car slammed into the defendant from behind. Two independent witnesses identified the defendant as the driver of the car. The Trooper observed an odor of alcohol and a flushed face. The defendant was unconscious and the Trooper took his blood. The defendant had a blood alcohol level of .218 (almost 3 times the legal limit). He was charged with DUI causing property damage. | |
| Result: | The case was DISMISSED in the middle of jury trial. | |
| Nov 5, 2007 | Case: 06CT029008ASB | Judge Eissey |
| Facts: | The defendant was stopped for swerving on the road almost hitting the investigating officer. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having a few drinks. The defendant refused all testing and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Nov 4, 2007 | Case: TT-06-007204 (JURY TRIAL) | Judge Harlan |
| Facts: | The defendant was stopped for speeding, swerving, and making wide turns. The initial officer observed an odor of alcohol, extremely slurred speech, and blood-shot eyes. A DUI officer was called to conduct an investigation. He made similar observations in addition to seeing the defendant being unsteady exiting the car. The defendant performed poorly on the roadside tasks, admitted to having 4-5 beers, and feeling under the influence of alcohol. He refused the breath test after the DUI arrest. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
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