| Mar 14, 2005 | Case: CT-721754-X | Judge Dominguez |
| Facts: | The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Mar 14, 2005 | Case: 04-3732MM10A | Judge Lerner-Wren |
| Facts: | The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Mar 10, 2005 | Case: 05-3176MM10A | Judge Murphy |
| Facts: | The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine. | |
| Result: | At the conclusion of the motion to suppress, the State dropped the DUI. | |
| Mar 10, 2005 | Case: 508960-X | Judge Newman |
| Facts: | Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 10, 2005 | Case: 501146-W | Judge Newman |
| Facts: | The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant. | |
| Mar 5, 2005 | Case: 04-021014MM10A | Judge Feiner |
| Facts: | The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test. | |
| Result: | The State dismissed all charges on the morning of trial. | |
| Mar 2, 2005 | Case: 2004-CT-02441-A-K | Judge Fowler |
| Facts: | The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2005 | Case: 250935-W | Judge Newman |
| Facts: | The defendant was involved in an accident in which he rear ended another vehicle. The officer who arrived on scene observed balance problems, an odor of alcohol, and slurred speech. The defendant was outside the vehicle when the officers arrived. He performed poorly on roadside tests and blew a .201 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 24, 2005 | Case: 04-012670MM10A | Judge Levenson |
| Facts: | The defendant was stopped for squealing his tires and making a wide turn. The defendant failed to pull his car over for several blocks after the officer placed his lights on. The DUI task force was called to the scene. The deputy smelled a strong odor of alcohol, bloodshot eyes and slurred speech. He failed all roadside sobriety exercises and blew a .183 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 23, 2005 | Case: 2004-CT015407-O | Judge Fleming |
| Facts: | The defendant was stopped for speeding and weaving in and out of traffic by the Orange County Sheriff's Office in Orlando. The officer observed and odor of alcohol, bloodshot eyes, and balance problems. The defendant admitted to having a couple of beers. According to the officer, he performed poorly on roadside tests. He then blew a .083 in the breath machine after his arrest for DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2005 | Case: 488676-X | Judge Newman |
| Facts: | The defendant was stopped for running a red light. Once stopped, the defendant was observed to have an odor of alcohol, slurred speech, and balance problems. She performed poorly on roadside tests and then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2005 | Case: 04-011108MM10A | Judge Levenson |
| Facts: | The defendant was stopped for driving at a high rate of speed and squealing his tires. Once stopped, the officers observed an odor of alcohol, slurred speech and blood hot eyes. he performed poorly on roadside tests and blew a .17 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2005 | Case: 04-016150MM10A | Judge Robinson |
| Facts: | The defendant was stopped at a roadblock checkpoint. Once stopped, the officers noticed an odor of alcohol, unsteadiness, and slurred speech. He performed poorly on roadside tests and then refused the breath test. | |
| Feb 14, 2005 | Case: 04-4256MM10A | Judge Feiner |
| Facts: | The defendant was stopped for driving on the grass, speeding and running a red light. The defendant exited his car and allegedly fell to the ground. Both officers describe the defendant as a falling down drunk who could not complete any tests. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2005 | Case: 04-8738MM10A | Judge Feiner |
| Facts: | The defendant was stopped for running a red light almost crashing into a DUI deputy. The deputy noticed an odor of alcohol, flushed face and bloodshot eyes. The defendant performed poorly on the roadside exercises and refused a breath test. | |
| Result: | Just prior to the jury entering the courtroom the State dropped the DUI. | |
| Feb 12, 2005 | Case: 05-004919TCA02 | Judge Damico |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, sluggish speech, and bloodshot eyes. The defendant allegedly performed poorly on roadside tests which were video taped. The defendant admitted drinking bud light and rum shots. He blew a .124 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2005 | Case: 04-022314MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped because a caller stated that a woman was driving 10 MPH on the highway and appeared intoxicated. The officer saw the defendant exiting the highway at a slow rate of speed and failing to maintain a single lane. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant was arrested for DUI and a bottle of wine was recovered from the car. She later blew a .160 in the breath machine. This was the defendant's 2nd offense. | |
| Result: | The motion was granted. All evidence was thrown out. | |
| Feb 6, 2005 | Case: 05-001675-CT-A-1 | Judge Barnes |
| Facts: | The defendant was stopped for driving over 100 miles per hour. Once stopped, the officer smelled an odor of alcohol, a sway to his stance, and the defendant was arguing with the police. He also had slurred and mumbled speech and bloodshot eyes. The defendant refused roadside tests and refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 5, 2005 | Case: 05-4549MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving recklessly on the roadway. The deputy noticed bloodshot eyes, flushed face and and slurred speech. The defendant failed all roadside sobriety tests and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 31, 2005 | Case: 508322-X | Judge Bloom |
| Facts: | The defendant was stopped by police based on a BOLO (be on the lookout) that a black hummer had been involved in a hit and run crash. An officer saw a black hummer about 29 blocks from the crash scene and stopped the vehicle. The officer noticed an odor of alcohol, slurred speech and that the defendant was off balance. The defendant performed poorly on roadside tests and he refused the breath test. He was also charged with leaving the scene of an accident. | |
| Result: | The State dropped the DUI. | |
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