| Jul 11, 2006 | Case: 04-026293MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was stopped for speeding. When the officer turned on his police lights, the defendant did not stop immediately. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face. A DUI task officer was called to the scene to conduct a DUI investigation. The defendant performed the walk and turn and finger to nose test. All of the exercises were captured on video at the scene. The defendant was arrested for DUI and refused the breath test. | |
| Result: | The jury found the defendant NOT GUILTY IN ELEVEN MINUTES. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jul 8, 2006 | Case: 266809-X | Judge Arzola |
| Facts: | The defendant was stopped for weaving five times. Once the officer stopped him, he noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn exercise, the defendant took the incorrect number of steps and did not walk heel to toe. After the defendant's arrest for DUI, he blew a .149 in the breath machine. | |
| Result: | Based on Florida case law, the Judge GRANTED the motion to suppress and the State DROPPED THE DUI. | |
| Jul 3, 2006 | Case: 05-20324MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving erratically and making a wide right turn. The stopping officer noticed an odor of alcohol, bloodshot eyes, slurred speech and slow movements. The defendant was unsteady when she exited the vehicle, and stumbled onto the grass. On the walk and turn test she couldn't walk more than three steps without stumbling. On the one leg stand test she put her foot down 3 times within the first 4 seconds. The defendant was subsequently arrested for DUI. At the breath facility she picked up a garbage can attempted to pee in it. | |
| Result: | Motion granted, case dismissed. | |
| Jul 3, 2006 | Case: 05-002241MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was observed sitting at a green light while it cycled several times. The officer approached the vehicle and noticed that the defendant had bloodshot eyes and a flushed face. After rolling down the window the officer noticed a strong odor of alcohol. The defendant admitted to drinking 5 vodka tonics and being under the influence of alcohol. The arresting deputy stated that the defendant performed and failed the field sobriety tests. He was subsequently arrested for DUI. The defendant blew a .161 in the breath machine. | |
| Result: | After the second witness testified at trial, the state dropped the DUI. | |
| Jul 2, 2006 | Case: 503623-X | Judge McWhorter |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The officer asked the defendant to perform field sobriety exercises. On the one leg stand, the defendant put his foot down and raised his arms nine times for balance. On the finger to nose test, he never touched the tip of his nose. On the balance exercise, he swayed five to six inches and estimated seventeen for thirty seconds. The defendant refused the breath test. | |
| Result: | On the afternoon of trial and just before jury selection, the State dropped the DUI. | |
| Jun 26, 2006 | Case: 289859-X | Judge Bloom |
| Facts: | The defendant was involved in a rear-end accident. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. Upon exiting the car he was swaying back and forth holding onto the door for balance. Because of the obvious and extreme intoxication, field sobriety tests were not conducted. The defendant was arrested for DUI and blew a .219 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 26, 2006 | Case: 2006-CT-3158-0 | Judge Wixtrom |
| Facts: | The defendant was stopped for making a left turn from the center lane cutting off another car. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to taking Lexipro as well as another drug consistent with anxiety. The defendant performed the walk and turn test as well as the one leg stand. On the walk and turn test the defendant failed to walk in a straight line, failed to walk heel to toe, and took the wrong number of tests. On the one leg stand test the he dropped his foot and counted incorrectly. The defendant was arrested for DUI and provided a urine sample for the drugs. | |
| Result: | The DUI was Dismissed. | |
| Jun 23, 2006 | Case: 05-035786TCA99 | Judge Marx |
| Facts: | The defendant was stopped for driving northbound across the front lawn of the Greenacres Police Department. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted he was coming from a bar and he had 3 grey goose and sours. The officer took the defendant inside the police station to conduct the investigation. As he walked down the hall staggering and swaying. After performing three field sobriety tests the defendant was arrested for DUI. He blew a .095 in the breath machine. | |
| Result: | The State conceded the motion and dropped the DUI. | |
| Jun 22, 2006 | Case: 05-009168MM10A | Judge Murphy |
| Facts: | The defendant was involved in a rollover crash. She was wobbly exiting the vehicle. During a conversation with the investigating officer her speech was extremely slurred and she had mood swings. The Trooper noticed a strong odor of alcohol and bloodshot eyes. The defendant was arrested for DUI and blew a .131 in the breath machine. | |
| Result: | The motion was granted and the case was DISMISSED. | |
| Jun 21, 2006 | Case: 05-001709CF10A | Judge M. Kaplan |
| Facts: | The defendant lost control of his vehicle, drove across 3 lanes of traffic and crashed into a construction truck. The officer noticed a "very" strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. After exiting the vehicle the defendant was stumbling all over the roadway. Because this was a 4th offense the defendant was charged with felony DUI and DUI property damage. | |
| Result: | The state conceded the motions and dropped both the felony DUI as well as the DUI with property damage. | |
| Jun 20, 2006 | Case: 05-018784TCA02 (JURY TRIAL) | Judge Corlew |
| Facts: | The defendant was passed out behind the wheel of his car with the engine running. The officer observed an odor of alcohol, bloodshot eyes and he was drooling all over his face. After exiting the car the officer stated that the defendant was stumbling all over the place. The defendant refused to perform all sobriety tests and was arrested for DUI. This was the defendant's 3rd DUI. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 18, 2006 | Case: 05-010429MM10A | Judge Ross |
| Facts: | The defendant was stopped for hitting the curb several times and driving onto the sidewalk. The officer noticed a flushed face and a strong odor of alcohol. The defendant admitted to drinking scotch. The officer stated that the defendant failed all of the roadside tests and was arrested for DUI. The defendant blew a .111 in the breath machine. | |
| Result: | The motion was granted and the breath test was thrown out. | |
| Jun 15, 2006 | Case: 05-012730MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving in and out of traffic going 115mph in a 65mph zone. The DUI task force officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant was asked to exit the vehicle and was completely unsteady. After the eye test he was arrested for both DUI and Reckless Driving. The defendant blew a .148 in the breath machine after his arrest for DUI. This was his 2nd DUI. | |
| Result: | After the motion the state conceded and dropped the DUI. | |
| Jun 14, 2006 | Case: 2005CT023142SC | Judge Denkin |
| Facts: | The investigating officer first noticed the defendant cut off another car while attempting to make a u-turn. The defendant then proceeded to make the u-turn, this time cutting off the officer. He then activated his lights and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot eyes and extremely slurred speech. While exiting the car he was noticeably unsteady on his feet. During a conversation with the officer, the defendant admitted to taking medication as well as drinking. The officer had him perform field sobriety tests. The video clearly showed that the defendant was unable to perform any of the exercises and was subsequently arrested for DUI. This was his 2nd DUI. It should be noted that our firm took over the case after the defendant's first lawyer told him to plead guilty. | |
| Result: | The Court agreed, the motion was granted and the field sobriety tests were thrown out. | |
| Jun 13, 2006 | Case: 05-14438MM10A (JURY TRIAL) | Judge Feiner |
| Facts: | The defendant was stopped for driving out of his lane and on the grass on three separate occasions. The initial officer noticed an odor of alcohol and blood-shot eyes. Based on those observations, a DUI task force officer was called. The DUI task force officer also made similar observations which were consistent with driving under the influence. The deputy believed that the defendant performed poorly on the roadside tests and arrested the defendant for DUI. The deputy asked the defendant if he would take a breath test and the defendant responded that "it is was not in his best interest." | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 11, 2006 | Case: 04-014978MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and red eyes. The defendant performed the one leg stand and finger to nose tests. The defendant was arrested for DUI and refused the breath test. This was his second arrest for DUI as the firm previously got his first dui dropped. | |
| Result: | The jury found the defendant NOT GUILTY IN TWO MINUTES. | |
| Jun 11, 2006 | Case: 381772-W | Judge Lindsey |
| Facts: | The defendant was observed weaving all over the roadway before side swiping another vehicle. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant stumbled when he exited the car and almost fall backwards. The defendant could not perform any field sobriety exercises to his level of impairment. After his arrest for DUI, the defendant blew a .266 in the breath machine. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jun 11, 2006 | Case: 317112-X | Judge Arzola |
| Facts: | The defendant was stopped for driving too slow and impeding traffic. The officer observed and odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered and nearly fell when he got out of the car. The defendant performed the eye test and could not do any others due to his intoxication level. He blew a .224 in the breath machine. This was the defendant's second DUI. | |
| Result: | On the morning of trial, the case was DISMISSED on statute of limitation's grounds. | |
| Jun 11, 2006 | Case: 489023-X | Judge McWhorter |
| Facts: | The defendant was found hiding in a bush by police after a BOLO (be on the lookout) was issued after he had been involved in a crash where he struck a sign post. The officer noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had too much to drink and was involved in a crash. The defendant performed the roadside tests and was arrested for DUI. On the walk and turn test, he stumbled and nearly fell. On the one leg stand, he put his foot down numerous times. After his arrest for DUI , he blew a .178 in the breath machine. | |
| Result: | On the morning of trial, THE STATE DROPPED THE DUI. | |
| Jun 11, 2006 | Case: 489145-X | Judge Mills-Francis |
| Facts: | The defendant was found in her vehicle by police in the middle of the road. No one saw her actually driving the car. The car had severe front end damage to the tires and rim. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to have the defendant performed roadside tests. The defendant failed the tests and was arrested for DUI. She refused the breath test subsequent to her arrest for DUI. | |
| Result: | THE STATE DISMISSED THE DUI. | |
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