| Oct 23, 2007 | Case: 07-CT-002699AXX | Judge Corlew |
| Facts: | The defendant was stopped for driving at a high rate of speed and squealing his tires. The officer detected an odor of alcohol, slurred speech and bloodshot eyes. The defendant agreed to perform the field sobriety tests. On the walk and turn test he was unable to walk a straight line and failed to walk heel to toe. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .149 in the breath machine. | |
| Result: | The motion was granted. The DUI was Dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Oct 23, 2007 | Case: 05-023919MM10A | Judge Diaz |
| Facts: | The defendant was parked on the sidewalk, with the keys in the ignition and the engine running. The officer stated that when he approached the car the defendant was eating. The officer observed an odor of alcohol and bloodshot eyes. Additionally, he was unsteady as he exited the car. He then told the officer that he was coming home from "hooters" and consumed a pitcher of beer. The defendant advised that he had a back injury and would try his best on the sobriety tests. He performed the eye test (HGN), and was arrested for DUI. This was his 3rd DUI. It would have been his 4th DUI, but the firm had his previous DUI dismissed. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 22, 2007 | Case: 6645-XDL | Judge Krieger-Martin |
| Facts: | The defendant was observed asleep in a vehicle with the keys in the ignition and the engine running. He was unsteady as he exited the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also allegedly stated "I screwed up. I know I'm tipsy." He performed the field sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 22, 2007 | Case: 8825-XCM | Judge Bloom |
| Facts: | The defendant was the "at fault" driver in a car crash. The officer observed poor balance, bloodshot eyes, and a strong odor of alcohol. The defendant allegedly failed the sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 22, 2007 | Case: 07-2659MM10A | Judge Robinson |
| Facts: | The defendant was stopped for driving through a construction barricade with workers present. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the field sobriety tests and was arrested for DUI. While waiting for the tow truck the defendant vomited on himself. | |
| Result: | The State dropped the DUI. | |
| Oct 22, 2007 | Case: 2744-XDP | Judge Arzola |
| Facts: | The defendant was stopped for various traffic infractions. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the walk and turn and one leg stand tests. He was arrested for DUI. This was his 2nd DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 18, 2007 | Case: 06-002650MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving 104 mph in a 65 mph zone. The deputy observed a 12 pack of bud light in the car. He then observed an odor of alcohol, bloodshot eyes and a flushed face. Because of his age he provided a portable breath test at the scene which resulted in a .228 breath alcohol level. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2007 | Case: 06-020771MM10A | Judge Robinson |
| Facts: | The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, swaying, bloodshot eyes as well as slurred speech. On the one leg stand, she failed to keep her foot off the ground several times. She was arrested for DUI and blew a .158 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2007 | Case: 2006CT2441A1 | Judge Aikens |
| Facts: | The defendant was stopped for failure to yield, almost causing an accident. The officer observed a strong odor of alcohol on her breath, bloodshot eyes, slurred speech and she fumbled for her license. In addition, she almost fell as she exited the car. On the walk and turn test, she was unable to stand heel to toe. She also failed to walk in a straight line. On the one leg stand she could not keep her foot off the ground. She was arrested for DUI and blew a .247 in the breath machine. | |
| Result: | Both motions were granted and the DUI was dropped. | |
| Oct 15, 2007 | Case: 8623-XCM | Judge Ortiz |
| Facts: | The defendant was stopped for reckless driving and fleeing and eluding a police officer. The officer observed a strong odor of alcohol, flushed face, bloodshot eyes and slurred speech. On the finger to nose test, he failed to touch the tip of his nose 5 times. On the walk and turn test he failed to maintain a straight line. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .191 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2007 | Case: 6364-XDL | Judge Krieger-Martin |
| Facts: | The defendant was stopped for driving the wrong way towards oncoming traffic. The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line 5 times. On the one leg stand he dropped his foot 3 times. He was arrested for DUI and blew a .111 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2007 | Case: 07-CT-1291-XDR | Judge Rice |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. She refused field sobriety tests and was arrested for DUI. She then vomited in the police car. | |
| Result: | The State dropped the DUI. | |
| Oct 12, 2007 | Case: 377596-W | Judge Mills-Francis |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed glassy red eyes, an odor of alcohol and slurred speech. He also admitted to consuming 3-4 drinks. The defendant performed poorly on the one leg stand, walk and turn as well as the finger to nose test. He was subsequently arrested for DUI. This was his second arrest for DUI. However, the firm had both cases dismissed. | |
| Result: | The DUI was Dismissed. | |
| Oct 10, 2007 | Case: 06-012891MM10A (JURY TRIAL) | Judge Ireland |
| Facts: | The defendant was stopped for speeding and running a red light. The officer observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled for his driver's license when asked to produce it by the officer. The defendant performed the one leg stand, walk and turn, and HGN tests (eye test) on video. After his arrest for DUI, he blew a .13 in the breath machine. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Oct 9, 2007 | Case: 06-019749MM10A | Judge Ireland |
| Facts: | The defendant was stopped for driving with an unlawful tint. The officer observed an odor of marijuana, bloodshot eyes and a flushed face. In the ashtray of the car the officer found a burnt "roach". During a conversation with the defendant the deputy observed slow speech and lethargic movements. The defendant performed the one leg stand and walk and turn test and was subsequently arrested for DUI. His urine tested positive for marijuana. | |
| Result: | The State dropped the DUI. | |
| Oct 9, 2007 | Case: 3095-XDH | Judge Newman |
| Facts: | The defendant was stopped for weaving 9 separate times on the roadway while speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly performed poorly on all roadsides and was arrested for DUI. The defendant blew a .139 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Oct 9, 2007 | Case: 8656-XCM | Judge Ortiz |
| Facts: | The defendant was allegedly involved in a crash. The officer observed an odor of alcohol, unsteady balance and raspy speech. The defendant admitted to having a few drinks. After the one leg stand, walk and turn, and finger to nose test, the defendant was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 7, 2007 | Case: 06-013244MM10A | Judge Diaz |
| Facts: | The defendant was stopped for leaving the scene of an accident. An off-duty officer saw the defendant exit the car and flee on foot. After the defendant was stopped, the officer observed an odor of alcohol, bloodshot and dilated eyes, flushed face and slurred speech. When the officer asked him to perform the field sobriety tests he noticed that the defendant was completely unsteady on his feet. The defendant was arrested for DUI and charged with leaving the scene of an accident as well. This was his 3rd DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 5, 2007 | Case: 2006-CT-4663 | Judge Yerman |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, unsteadiness, and blood-shot eyes. The defendant admitted to drinking two draft beers. The defendant performed roadside tasks at the scene on video. For example, he did the walk and turn where he did not touch heel to toe, incorrectly turned, and walked back on the grass stepping off the line away from the gravel. On the one leg stand, the defendant lost his balance by putting his foot down and using his arms for balance. On the finger to nose, he did not touch the tip of his nose and on almost every attempt. The defendant was arrested for DUI and blew a .125 in the breath machine. At the station, the walk and turn and finger to nose were conducted again by the breath tech officer on video tape. | |
| Result: | The State dropped the DUI. | |
| Oct 5, 2007 | Case: 07-CT-005604-XDN | Judge Rice |
| Facts: | The defendant was stopped after traveling through a grass ditch and hitting a wood fence. He then began to drive on a flat tire prior to being stopped. The defendant had an odor of alcohol, blood-shot eyes, and admitted drinking two beers and two shots of tequila. He also admitted taking vicadin that night for pain. On video, the defendant performed the walk and turn and one leg stand tests. The defendant could not perform the one leg stand as he put his foot down several times, swayed, and used his arms for balance. After his arrest for DUI, the defendant refused the breath test. The defendant was also charged with leaving the scene of an accident. | |
| Result: | Due to the conflicts in the evidence pointed out by the defense, the State DROPPED THE DUI. Further, the defendant received NO CONVICTION for the Leaving the Scene of the Accident Charge. | |
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