| Mar 10, 2006 | Case: 550675-X | Judge Ortiz |
| Facts: | The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Mar 8, 2006 | Case: 06-3504-MMA | Judge Marblestone |
| Facts: | The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI. | |
| Result: | The State conceded the motion and DROPPED THE DUI. | |
| Mar 4, 2006 | Case: 04-11131MM10A | Judge Gehl |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI. | |
| Result: | After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI. | |
| Mar 2, 2006 | Case: 05-025643TCA04 | Judge Marx |
| Facts: | The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2006 | Case: CT-002328-XAM (JURY TRIAL) | Judge Barber |
| Facts: | An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years. | |
| Result: | On the second day of trial, the State dropped the DUI. | |
| Feb 21, 2006 | Case: 05-009515MM10A (JURY TRIAL) | Judge Feiner |
| Facts: | The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal. | |
| Result: | After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test. | |
| Feb 13, 2006 | Case: 04-025307MM10A | Judge Feiner |
| Facts: | The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense. | |
| Feb 5, 2006 | Case: 05-018449MM10A | Judge Feiner |
| Facts: | The defendant was stopped for weaving on the road. She had an odor of alcohol, bloodshot eyes, slurred speech and was extremely unsteady on her feet. The defendant admitted to taking anxiety medication and appeared confused. The defendant failed field sobriety tests and was arrested for DUI. This was the defendant's 2nd offense for DUI. | |
| Result: | The motion was granted the case was DISMISSED. | |
| Feb 2, 2006 | Case: 01-9748MM10A (JURY TRIAL) | Judge Gehl |
| Facts: | The deputy testified at trial that he stopped the defendant because he exhibited signs of impairment when he saw him 30 minutes prior in a parking lot. After stopping the defendant the deputy testified that he noticed bloodshot eyes, flushed face and an odor of alcohol on his breath. He also testified in trial that the defendant appeared to be unsteady as he walked. On the walk and turn the deputy stated the defendant failed to walk heel to toe throughout the test. On the one leg stand he testified that the defendant kept tapping his foot on the ground and repeating numbers. The defendant was arrested for DUI and blew a .098 in the breath machine. He also refused a urine test. | |
| Result: | The motion was granted. The State appealed, and the judge affirmed the opinion. All charges were DISMISSED. | |
| Jan 31, 2006 | Case: 508695-X (JURY TRIAL) | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a red light. The officer who stopped the defendant, observed an odor of alcohol, bloodshot eyes, slightly slurred speech, and a sway to his stance. | |
| Result: | The jury found the defendant NOT GUILTY in TEN MINUTES on his THIRD OFFENSE. | |
| Jan 31, 2006 | Case: 04-003872MM10A (JURY TRIAL) | Judge Lazarus |
| Facts: | The defendant was stopped for driving 90 mph. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The DUI task force requested the defendant to perform field sobriety tests. On the finger to nose test the defendant failed to touch the tip of his nose and never took his finger off of his face. On the walk and turn the defendant failed to maintain his balance in the heel to toe position. He was unsteady on the turn and used his arms for balance. He was arrested for DUI and blew over the legal limit in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY in less than 1 minute. | |
| Jan 30, 2006 | Case: 550517-X | Judge Bloom |
| Facts: | The defendant was stopped for turning into an intersection and almost colliding with other traffic. The officers, observed slurred speech, an odor of alcohol, and the defendant stumbled as he exited the car. On the field sobriety exercises, such as the walk and turn, the defendant never touched heel to toe and stepped off the line at least six times. On the one leg stand, the defendant put his foot down four times. After performing the rest of the tests poorly, he was arrested for DUI. The defendant refused the breath test and this was his Second DUI. | |
| Result: | After announcing ready for trial, the State dropped the DUI. The State dropped the DUI. | |
| Jan 30, 2006 | Case: 04-012837MM10A | Judge Gehl |
| Facts: | The defendant was stopped for running a red light. The initial officer noticed an odor of alcohol, bloodshot eyes and a flushed face. He then requested a DUI task force member to conduct the investigation. The defendant performed 3 field sobriety tests. On the walk and turn test the defendant repeatedly stumbled off the line. He was subsequently arrested for DUI. | |
| Result: | The State approached the defense and dropped the DUI on the day of trial. | |
| Jan 30, 2006 | Case: 575287-X | Judge Bloom |
| Facts: | The defendant was stopped for driving on a blown out shredded flat tire. Once stopped by police, the officers observed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant had to hold on to the car for balance. He performed poorly on roadside tests. Specifically, he failed to touch the tip of his nose on all attempts on the finger to nose exercise. On the walk and turn, he took the incorrect number of steps and stepped off the line throughout the exercise. The defendant was subsequently arrested for DUI. | |
| Result: | On the morning of trial, the State conceded the motion. The State dropped the DUI. | |
| Jan 27, 2006 | Case: 04-20009MM10A | Judge Berman |
| Facts: | The defendant was stopped for driving at a high rate of speed while squealing his tires. In addition, the defendant made two quick u-turns. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant stated that he had a few beers. Believing that the defendant might be DUI she asked him to perform field sobriety tests. After conducting the finger to nose, walk and turn as well as the one leg stand test, the defendant was arrested for DUI. | |
| Result: | The state conceded the motion and dropped the DUI. | |
| Jan 23, 2006 | Case: CT-5666-XAM | Judge Ober |
| Facts: | The defendant was first seen in the center lane driving through a red light. Next, the defendant swerved to his left side almost colliding with the concrete medium. The defendant was allegedly swerving his vehicle over the next mile. The officer stated that the defendant ran through another light blocking the entire intersection. Upon contact with the driver, the officer stated that he was staggering and swaying as he walked. He also stated that the defendant almost fell over when his keys dropped to the ground. His speech was supposedly slurred and thick. He noticed an odor of alcohol and bloodshot eyes. The officer called for a member of the DUI task force. The task force officer placed the defendant on video and conducted field sobriety tests. The defendant was arrested for DUI and blew a .085 in the breath machine. He also admitted on video to taking Vicodin. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 13, 2006 | Case: 05-2378MMA | Judge Hershey |
| Facts: | The defendant was involved in a traffic crash in which she pulled out in front of a truck. When the trooper arrived, he observed an odor of alcohol, mumbled speech, and dilated eyes. The defendant was arrested without being given the opportunity to perform field sobriety tasks. The defendant blew a .152 in the breath machine after her arrest for DUI causing property damage. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2006 | Case: 46-2006-CT-011176-0 | Judge Ansbro |
| Facts: | The defendant was parked on the side of an open business with her lights off in the middle of the night. An undercover officer pulled up to the store to see if anything was happening. When the officer pulled up in his undercover truck and got out of the vehicle, the defendant drove off. The officer then initiated a traffic stop believing a crime had been committed or may be committed according to his testimony. The officer felt the defendant's car appeared "suspicious." Once stopped, the officer noticed an odor of alcohol, slurred speech, and unsteadiness. A DUI officer was called and made similar observations. The defendant refused all roadside tests and refused the breath test. This was the defendant's SECOND DUI. | |
| Result: | The defense provided case law and the Judge GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DISMISSED THE DUI. | |
| Jan 11, 2006 | Case: 05-21544MM10A | Judge Robinson |
| Facts: | The defendant was involved in a crash in which he ran over dirt, bushes, and landed in a canal. A police diver got him out of the vehicle as it was submerged in swampland. Once on land, the officers noticed an odor of alcohol and unsteadiness. The defendant admitted to drinking five to six beers. He performed poorly on roadside tests and refused the breath test after his arrest for DUI. | |
| Result: | On the morning of Jury Trial, the STATE DROPPED THE DUI. | |
| Jan 5, 2006 | Case: 05-0029252-XAD-ANC | Judge Horrox |
| Facts: | The defendant was stopped for failing to maintain a single lane. Once stopped, the officer observed an odor of alcohol, a sway and unsteadiness, to his stance, and slurred speech. According to the officer, he performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line and used his arms for balance. On the one leg stand, he swayed and used his arms for balance. Subsequent to his arrest for DUI, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
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