| Nov 22, 2004 | Case: 373574-W | Judge Bloom |
| Facts: | The defendant was involved in a accident. When the DUI officers arrived, the defendant was already handcuffed in another patrol car. The DUI officer observed an odor of alcohol and slurred speech. He performed poorly on field sobriety tests and subsequently refused the breath test. | |
| Result: | The State conceded the motion. The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Nov 22, 2004 | Case: 251039-W | Judge McWhorter |
| Facts: | The defendant was stopped for weaving and driving to slow. The officer observed an odor of alcohol, slurred speech, and the defendant was very off balance and unsteady. He performed poorly on roadside tests and then blew a .191 in the breath machine. This was the defendant's second offense. | |
| Result: | The state dropped the DUI. | |
| Nov 17, 2004 | Case: 04-1121MM10A | Judge Diaz |
| Facts: | The police were advised that the defendant was driving on the highway at a very slow speed impeding traffic. The defendant was seen with her brake lights on in the apex of the highway. Her speech was extremely slurred, she had an odor of alcohol and bloodshot eyes. On video she was completely unsteady, and performed poorly on the sobriety tests. | |
| Result: | The Judge granted the motion and excluded all of the evidence. The state dropped the DUI. | |
| Nov 8, 2004 | Case: 03-005413MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for having no tag light. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant did not speak much English so no field sobriety tests were conducted. He was arrested for DUI and blew a .171 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 29, 2004 | Case: 04-006882MM10A | Judge Feiner |
| Facts: | The defendant was stopped for weaving and almost striking another vehicle. Once stopped, the officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had drank seven beers. He performed poorly on roadside tasks and blew a .133 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2004 | Case: 53-2004-CT-001272-LD | Judge Coon |
| Facts: | The defendant was stopped for speeding by Lakeland police. The officer observed an odor of alcohol, slurred speech, bloodshot eyes and that the defendant was swaying. The defendant refused field sobriety exercises and refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Oct 25, 2004 | Case: 317587-X | Judge Newman |
| Facts: | The defendant was found by police sleeping behind the wheel of his vehicle at a red light. It took several attempts to awaken the defendant. Once awoken, the officer observed the defendant to have an odor of alcohol, slurred speech and watched him stumble as he was outside the car. The defendant refused the roadside tests and refused the breath test. The officer found marijuana in the defendant's pocket after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 25, 2004 | Case: 04-023135TCA99 | Judge Johnson |
| Facts: | The defendant was stopped based on an anonymous tip that he was driving all over the road. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. He performed poorly on roadside tasks and blew a .12 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Oct 18, 2004 | Case: 413990-X | Judge Newman |
| Facts: | The defendant was stopped for making an illegal turn. Once stopped , the officers observed an odor of alcohol, slurred speech, and the defendant appeared unsteady. She performed poorly on roadside tests and blew a .174 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2004 | Case: 05-2004-CT-057174AXXXX | Judge Majeed |
| Facts: | The defendant was stopped for speeding and running a red light in Brevard County. The officers observed an odor of alcohol, slurred speech, and an open container of alcohol in the car. He performed poorly on field sobriety tests and refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Oct 14, 2004 | Case: 3523-CNL | Judge Figarola |
| Facts: | The defendant was stopped for driving with his high beams. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests and was constantly cursing and threatening the officer. He blew under the legal limit, however, he admitted to taking numerous prescription medications which are classified as controlled substances. | |
| Result: | The State dropped the DUI. | |
| Oct 13, 2004 | Case: 04-8141MMA | Judge Murphy |
| Facts: | The defendant was stopped for failing to maintain a single lane in Naples. Once stopped, the Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests on video and blew a .162 on the breath machine. | |
| Result: | The State conceded the motion at the time of hearing. The DUI was dismissed. | |
| Oct 6, 2004 | Case: 02-023972MM10A | Judge Diaz |
| Facts: | The defendant was stopped by Florida Highway Patrol for running a red light and almost crashing into the median on I-95. The defendant told the trooper that he had 3 beers and rum and coke. The trooper administered a series of sobriety tests which the defendant allegedly failed. | |
| Result: | The State dropped the DUI. | |
| Oct 5, 2004 | Case: 317371-X | Judge Bloom |
| Facts: | The defendant was stopped for driving off the roadway. Once stopped, the stop officer stated the defendant had slurred speech, and odor of alcohol, and could not stand up without losing his balance. A DUI officer was called to the scene. The defendant performed poorly on field sobriety tests according to the officer. He blew a .10 in the breath machine after his arrest. | |
| Result: | The State dropped the DUI. | |
| Oct 5, 2004 | Case: 03-01743MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was stopped in a checkpoint. After being stopped, he put the car in reverse. The officer noticed bloodshot eyes, and a strong odor of alcohol on his breath. According to the officer, the defendant failed all roadside tests. He subsequently blew over the legal limit and told the officer “I can’t believe 3 beers would to this to me.” Subsequent to arrest the officer found beer in the car. | |
| Result: | NOT GUILTY. | |
| Oct 3, 2004 | Case: 03-017069TCA02 | Judge Johnson |
| Facts: | The defendant was stopped for straddling the lane markers (failure to maintain a single lane). The defendant had an odor of alcohol, slurred speech and bloodshot eyes. The defendant allegedly performed all roadside tests poorly. She blew a .106 in the breath machine. | |
| Result: | The judge granted the motion throwing all the evidence out. The State dismissed the DUI. | |
| Sep 24, 2004 | Case: 04-011076MM10A | Judge Levenson |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer who stopped the defendant noticed an odor of alcohol, flushed face, and glassy eyes. A DUI officer was called to conduct field sobriety exercises. The officer observed the defendant walking in a serpentine fashion. She performed poorly on all field sobriety tests and subsequently refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2004 | Case: 03-8758MM10A | Judge Berman |
| Facts: | The defendant was involved in an accident. When the officers arrived, they observed the defendant to have an odor of alcohol and be off balance and unsteady. He performed poorly on roadside tests. After his arrest, the defendant blew a .219 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2004 | Case: 03-016485MM10A | Judge Lazarus |
| Facts: | The defendant was stopped by the police for improper parking after the police received a call that the defendant was passed out behind the wheel. The officer observed the defendant to be passed out behind the wheel. The officer observed the defendant to be off balance and unsteady, an odor of alcohol, and slurred speech. The defendant blew a .176 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Sep 22, 2004 | Case: 3746-CHT | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped the officer observed the defendant to be off balance, have an odor of alcohol and slurred speech. The defendant performed poorly on field sobriety tests. Once arrested, she blew under the legal limit of .08. However, a Drug Recognition Exam was conducted and the defendant gave urine in which there was a positive result for a controlled substance called Butalbital. The State's theory was the defendant was impaired due a combination of the alcohol and the drugs. | |
| Result: | The State dropped the DUI. | |
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