| May 29, 2007 | Case: 2007-CT-000195 | Judge Yerman |
| Facts: | The defendant was involved in a vehicle crash at an intersection. When the officer arrived, the defendant had an odor of alcohol, slurred speech, and was kneeling down. The defendant was asked to perform the roadside tasks but refused the physical tests stating he takes heart medications and was just involved in a collision. The defendant did offer to do mental sobriety tests. The officer refused his request and arrested the defendant for DUI. He then refused the breath test. | |
| Result: | The State could not prove the defendant's impairment observed by the officer was due to the crash and/or his heart problems. Many of the bruises in the pictures were caused from the crash as well as his heart conditions. The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| May 29, 2007 | Case: 503884-W | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant admitted to having three vodka cranberry's. The defendant performed the HGN (eye test), one leg stand, and walk and turn. On the one leg stand, the defendant raised his arms for balance, swayed, and hopped. On the walk and turn, the defendant lost his balance during the instructions, raised his arms for balance, and took the incorrect number of steps. The defendant was arrested for DUI and blew a .132 in the breath machine. | |
| Result: | On the morning of trial, the State, after reviewing the poorly written reports by the officer and the contradictions we pointed out in the field sobriety tests versus the breath test readings much later after the stop, the State DROPPED THE DUI. | |
| May 22, 2007 | Case: 48-2006-MM-012081-0 | Judge Cheek |
| Facts: | The defendant was stopped for driving 72mph in a 45mph zone. The defendant had difficulty locating his license. He also had a white powdery substance under his nose. The officer observed an odor of alcohol and glassy bloodshot eyes. The defendant refused to perform any sobriety tests and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| May 21, 2007 | Case: 489966-X | Judge Miranda |
| Facts: | The defendant drove through a crime scene investigation at a high rate of speed, almost striking the officer. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant placed his foot down several times on the one leg stand. He failed to walk heel to toe in a straight line, and missed the tip of his nose 4 out of six times on the finger to nose test. He was arrested for DUI. This was is 2nd DUI offense. | |
| Result: | The DUI was Dismissed on the morning of trial. | |
| May 21, 2007 | Case: 575769-X | Judge Mills-Francis |
| Facts: | The defendant was stopped for failing to maintain a single lane almost striking the median on 2 separate occasions. The initial officer noticed an odor of alcohol.The investigating officer observed the odor, as well as bloodshot eyes, flushed face and low speech. On the rhomberg balance test the defendant was swaying from side to side. On the walk and turn he stepped of the line and failed to walk heel to toe. He was arrested for DUI. The defendant blew a .181 in the intoxilyzer. | |
| Result: | The DUI was dismissed. | |
| May 21, 2007 | Case: 266352-X | Judge Ortiz |
| Facts: | The defendant was stopped for weaving and running a red light. He also failed to stop for several blocks even after the officer's lights and siren were activated. The officer observed an odor of alcohol and the defendant admitted to drinking 3 beers. The defendant refused all testing and was arrested for DUI and driving with a suspended license. | |
| Result: | The DUI was dismissed. | |
| May 21, 2007 | Case: 286782-X | Judge Lindsey |
| Facts: | The officer was dispatched in reference to a mail carrier who was drinking while driving the work vehicle. The officer located the defendant and observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant failed each sobriety test and was arrested for DUI. He blew a .126 in the breath machine. The firm represented the client on two separate DUI's and won both of them. | |
| Result: | The DUI was dismissed. | |
| May 21, 2007 | Case: 286782-X | Judge Lindsey |
| Facts: | The officer was dispatched in reference to a mail carrier who was drinking while driving the work vehicle. The officer located the defendant and observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant failed each sobriety test and was arrested for DUI. He blew a .126 in the breath machine. The firm represented the client on two separate DUI's and won both of them. | |
| Result: | The DUI was dismissed. | |
| May 14, 2007 | Case: 04-003311MM10A | Judge Diaz |
| Facts: | The defendant was stopped at a roadblock. The initial officer observed an odor of alcohol, bloodshot eyes, and a flushed face. The investigating officer observed the same as well as slurred speech. On the finger to nose (on video), the defendant left his hand out and failed to touch his nose. On the walk and turn, he turned incorrectly and took too many steps. On the HGN (eye test), the defendant exhibited all three clues of impairment. The defendant was arrested for DUI and refused a breath test. This was his 2nd DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| May 14, 2007 | Case: CT-339962-X | Judge Barber |
| Facts: | The defendant was stopped for driving over the curb and speeding. The officer observed an odor of alcohol and watery eyes. On the walk and turn test, the defendant started early and turned incorrectly. On the one leg stand, the defendant failed to keep his foot off the ground. In addition, the defendant swayed throughout the exercises. He was subsequently arrested for DUI and blew a .145 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 11, 2007 | Case: 2007-CT-023085AXXX | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. According to the officer, the defendant performed poorly on roadside tasks. For example, he put his foot down numerous times on the one leg stand exercise and on the walk and turn test he stepped off the line numerous times. The officer suspected the defendant was impaired by a chemical or controlled substance versus alcohol after the investigation was complete. The defendant was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| May 10, 2007 | Case: 07-2438CTMA | Judge Scaglione |
| Facts: | The defendant was stopped for driving erratically. He was swerving all over the road. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused the roadside tests and the breath test. This was the defendant's THIRD DUI. | |
| Result: | After cross examination of the arresting officer, and prior the Judge even ruling on the motions, the State DROPPED THE DEFENDANT'S THIRD DUI. | |
| May 10, 2007 | Case: 07-MM-007794ASB | Judge Bosso-Pardo |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and glassy, bloodshot eyes, and slurred speech. The defendant refused the field sobriety tests as well as the breath test. After his arrest for DUI, the officers found marijuana and a smoking pipe in the car. He was charged with Possession of Marijuana and Drug Paraphernalia, along with DUI. The entire DUI investigation was captured on video. | |
| Result: | Prior to trial, the State DROPPED THE DUI. Also, the paraphernalia charge (ie. the pipe) was dismissed and the defendant received no conviction on the marijuana charge. | |
| May 9, 2007 | Case: 267061-X (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was found by a police officer parked next to a grassy area in front of residential houses. The initial officer responded to the area based on an anonymous call about a suspicious car being parked in that area. The officer observed the defendant to be slumped over the side, the engine running, car in park, and vomit all over the outside of the car. He banged on the car for 15-20 seconds to try to awaken the defendant who was passed out. Once the defendant awoke, the officer noticed the smell of vomit inside the car, an odor of alcohol, confusion, and slurred speech. A DUI officer was called to the scene to conduct roadside tasks which the defendant failed due to his highly intoxicated state. After his arrest for DUI, he refused the breath test as he was also cursing at the officer. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 9, 2007 | Case: 48-2007-CT009297-O | Judge Jewett |
| Facts: | The defendant was stopped for speeding and failing to pull over for 2 miles. The officer observed a strong odor of alcohol; bloodshot glassy eyes and slurred speech. The defendant was unsteady as he exited the car, swaying in a circular motion. He performed the walk and turn, one leg stand as well as the eye test (HGN), and was subsequently arrested for DUI. This was his second offense for DUI. | |
| Result: | The DUI was dismissed. | |
| May 7, 2007 | Case: 06-CT-027239ASB | Judge Bosso-Pardo |
| Facts: | The defendant was involved in a rear end crash. The officer smelled an odor of alcohol and noticed thick slurred speech and red eyes. The defendant performed very poorly on roadside tests which were video taped. He then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| May 7, 2007 | Case: 07-CT-497P | Judge Ptomey |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, the defendant stumbled when he got out of the car, and slurred speech. The defendant performed roadside tests on video. For example, on the one leg stand, the defendant put his foot down several times and could not complete the test. After his arrest for DUI, he blew a .130 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 7, 2007 | Case: 06-CT-036146ANB | Judge Johnson |
| Facts: | The defendant was stopped for weaving and speeding. The officer smelled an odor of alcohol, noticed red eyes, and slurred speech. The defendant admitted to drinking two glasses of wine. The defendant performed the roadside tasks poorly on video. For example, on the walk and turn, she could not stay on the line and took the incorrect number of steps. On the one leg stand, she raised her arms for balance and put her foot down. Furthermore, she misstated the alphabet. After her arrest, the defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| May 6, 2007 | Case: 06-014060MM10A (JURY TRIAL) | Judge Ross |
| Facts: | The defendant was stopped for locking up on his breaks several times, skidding, and honking his horn. The stopping officer, as well as the DUI Task Force Deputy, observed an odor of alcohol, bloodshot eyes, and a sway. The defendant performed roadside tasks on video and was arrested for DUI. He then blew a .148 in the breath machine after his arrest for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 6, 2007 | Case: CT-06-09390MMAWS | Judge Smith |
| Facts: | The defendant was stopped for spinning her tires and making a wide turn. The officer observed an odor of alcohol, slurred speech, and the defendant admitted to drinking wine and taking sleeping pills. The defendant failed the field sobriety tests and then refused the breath after her arrest for DUI. | |
| Result: | The State agreed with our motion based on the vague facts written in the reports, speaking to the officer, and then they DROPPED THE DUI. | |
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