| Aug 3, 2005 | Case: 2004-CT-001365-A | Judge Blechman |
| Facts: | The defendant was stopped for weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and blew a .193 in the breath machine after his arrest for DUI. This was the defendant's third offense. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jul 27, 2005 | Case: 04-019541MM10A (JURY TRIAL) | Judge Lazarus |
| Facts: | The defendant was stopped for driving 93mph in a 65mph zone. The defendant was seen placing a beer can in the back seat of the truck. The Trooper later searched the vehicle and found beer cans in the back seat. The Trooper pulled out the beer cans on video. The defendant first denied drinking, and later admitted to drinking. The Trooper testified in trial that the defendant failed the sobriety tests including the one leg stand which he discontinued for no reason. The Trooper also testified that the defendant fell back on the walk and turn test. The defendant was subsequently arrested for DUI, and open container. | |
| Result: | The defendant was found NOT GUILTY. | |
| Jul 26, 2005 | Case: 05-006538TCA04 (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, a flushed face and slow speech. He testified the defendant was swaying and walking "gingerly." The defendant performed the walk and turn and one leg stand exercises at the scene. He could not do the one leg stand and put his foot down several times. He was video taped at the scene and at the station after his arrest. He refused the breath test and this was the defendant's second offense. | |
| Result: | The Jury found the defendant NOT GUILTY in twenty minutes. | |
| Jul 25, 2005 | Case: CT-728275-X | Judge Thomas |
| Facts: | The defendant was involved in an accident in which he crashed into an apartment complex gate. The officer at the scene noticed an odor of alcohol, slurred speech, and he was unsteady. He admitted to consuming a couple of beers and was transported to the hospital for his injuries. At the hospital, a DUI officer arrived and asked to him to volunteer to give a blood test to determine his alcohol level and the defendant agreed. The DUI officer noticed the same observations as the first officer. He was not arrested at that time because the officer was going to wait for the blood results to see if they were over the legal limit of .08. After the blood was analyzed, the results were a .139 (over the legal limit) and the defendant was subsequently arrested by the same DUI officer. | |
| Result: | The State dropped the DUI. | |
| Jul 25, 2005 | Case: 086441-J | Judge Mills-Francis |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech and bloodshot eyes. He noticed the defendant to stagger and perform poorly on roadside tests. The defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 15, 2005 | Case: 05-010227TCA04 | Judge Moyle |
| Facts: | The defendant was stopped for failing to move over for a police vehicle. Once stopped, the officer observed an odor of alcohol and she performed poorly on roadside tests according to the officer. She then blew a .153 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Jul 11, 2005 | Case: CT-2732-XAM | Judge Fernandez |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated she had several drinks. She performed poorly on roadside tests according to the officer on video and then blew a .098 (above the legal limit) in the breath machine after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 6, 2005 | Case: 2005-CT-141-A | Judge Todd |
| Facts: | The defendant was stopped for running a red light, hitting a curb, and weaving several times. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and be very off balance and unsteady. He performed the walk and turn exercise poorly and refused to continue with the rest of the tests. He then refused the breath test. The officer noticed twelve Heineken beer caps in his car. | |
| Result: | The State dropped the DUI. | |
| Jul 4, 2005 | Case: 04-6164MM10A | Judge Diaz |
| Facts: | The defendant was allegedly involved in an accident when his car jumped the median striking another vehicle. The officer noticed an extremely strong odor of alcohol on the defendant's breath and his speech was slurred. He was unable to perform any sobriety tests and blew a .181 in the breath machine. | |
| Result: | The Judge granted the motion and all of the evidence was thrown out. | |
| Jun 20, 2005 | Case: 04-534418WTWS-16 | Judge Salton |
| Facts: | The defendant was involved in an accident in the middle of an intersection. The DUI officer observed an odor of alcohol, slow and slurred speech, and a sway to the defendant's stance. | |
| Result: | Immediately prior to jury selection the State dropped the DUI. | |
| Jun 15, 2005 | Case: 04-017618MM10A | Judge Robinson |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, the defendant admitted to having 3-4 beers, and he stumbled while getting out of the car. He refused the roadside tests and breath test. | |
| Result: | The State dropped the DUI. | |
| Jun 14, 2005 | Case: 04-023383TCA04 | Judge Damico |
| Facts: | The defendant was stopped for driving all over the roadway. The officers smelled an odor of alcohol, slurred speech, bloodshot eyes, and the defendant stated she had a couple of drinks. Acccording to the DUI officer, she performed poorly on field sobriety tests and then blew a .144 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Jun 14, 2005 | Case: 04-005538TCA04 (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was found slumped over the wheel in the driver's seat of his car with the engine running by an officer in a public parking lot. The vehicle was in the park position and parked crooked. The officer found the defendant based on a call about a suspicious person in the public parking lot. The officer testified the defendant was out cold and it took about a minute just to wake him. He had to bang on the window, open the door, shake the defendant, and call out to him several times before the defendant responded. The defendant reeked of alcohol according to the officer. A DUI officer was called to the scene and the defendant could hardly speak or stand on video. He admitted being drunk and refused all roadside testing and breath testing. | |
| Result: | The Jury took only FIVE MINUTES to find the defendant NOT GUILTY. | |
| Jun 14, 2005 | Case: CT-006317-XAF | Judge Barber |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped. She admitted drinking to the officer and blew a .094 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2005 | Case: CT-627191-X | Judge Thomas |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2005 | Case: 2004-MM-02167-A-K | Judge Miller |
| Facts: | The defendant was stopped for cutting off another vehicle. The officers observed an odor of alcohol, slurred speech and bloodshot eyes. He refused roadside tests and the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2005 | Case: 05-000855TCA04 | Judge Evans |
| Facts: | The defendant was stopped for driving the wrong way on a one way street. Once stopped, the officer observed an odor of alcohol, slurred speech and he admitted to having three drinks. He performed poorly on roadside tests according to the officer which was video taped and he blew a .130 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Jun 12, 2005 | Case: 05-MM-9769 | Judge Shoemaker |
| Facts: | The defendant was stopped for speeding and cutting through lanes of traffic. The officer observed an odor of alcohol, slurred speech, staggering, and bloodshot eyes. The officer also found beers in the car. The defendant refused the roadside tests and the breath test. Everything was on video tape. | |
| Result: | The DUI was dismissed. | |
| Jun 1, 2005 | Case: 04-006455MM10A | Judge Gehl |
| Facts: | The defendant was stopped for driving 88mph in a 55mph zone. The trooper noticed bloodshot eyes, flushed face and a strong odor of alcohol. The defendant said he was coming from a bar and had 3 Molson Goldens. The defendant allegedly failed the sobriety tests and blew a .141. | |
| Result: | The Judge threw out the breath test. The State dropped the DUI. | |
| Jun 1, 2005 | Case: 04-013244MM10A | Judge Diaz |
| Facts: | The defendant was allegedly the driver of a van that hit a sign on the highway. When the trooper arrived on scene he observed two flat tires and a cracked windshield. The defendant's speech was barely understandable and he failed all field sobriety tests. | |
| Result: | The DUI was dismissed. | |
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