| Sep 12, 2004 | Case: 03-021042CF10A (JURY TRIAL) | Judge Kotey |
| Facts: | The defendant was stopped by police as a result of a call that he was driving recklessly and causing a domestic disturbance. Once stopped, the officers observed and odor of alcohol, slurred speech, and he performed poorly on field sobriety tasks. After being arrested for DUI, he was transported to the breath testing facility where he refused the breath test. The defendant refused to get out of the chair in the interview room as the officers were trying to get him to go into the video room. The officer attempted to get him out of the chair and the officer alleged the defendant picked up the chair he was sitting in and swung it at her knee. This was all while he was handcuffed behind his back. Another BSO community service aid was in the room assisting the officer and stated the defendant never swung a chair. He testified the officer was hit during the struggle. The defendant was facing a minimum of 10 years in State prison if he was convicted. | |
| Result: | The jury found the defendant NOT GUILTY in three minutes as the jury stated they did not believe the arresting officer's testimony. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Sep 3, 2004 | Case: 03-2041MM10A | Judge Zack |
| Facts: | The defendant was stopped for driving erratically out of a parking lot. The defendant had an odor of alcohol, slurred speech and bloodshot eyes. The defendant allegedly performed all roadside tests poorly. He was subsequently arrested and blew a .132 in the breath machine. (2nd offense within 5 years). | |
| Result: | The prosecutor conceded the motion and dropped the DUI. | |
| Sep 2, 2004 | Case: 245123-W | Judge Bloom |
| Facts: | The defendant was stopped for running a stop sign. The defendant was observed to have an odor of alcohol, he staggered, blood shot eyes, and slurred speech. He could not perform any field sobriety tests due to his lack of balance. He had marijuana in the car and blew a .236 in the breath machine. | |
| Result: | The State dropped the DUI prior to trial. | |
| Aug 30, 2004 | Case: 316861-X | Judge Figarola |
| Facts: | The defendant was involved in an accident in which he hit a mailbox. Upon contact with the police, they observed an odor of alcohol, slurred speech, and that the defendant was very off balance and unsteady. He performed poorly on roadside tests and refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Aug 30, 2004 | Case: 317517-X | Judge McWhorter |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also observed the defendant stumbling. He refused the roadsides and breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Aug 24, 2004 | Case: 03-032330TCA04 (JURY TRIAL) | Judge Cohen |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech and bloodshot eyes. He also stated the defendant was off balance and unsteady. The defendant refused the roadside tests and refused the breath test. | |
| Result: | The Jury found the defendant NOT GUILTY in 5 minutes. | |
| Aug 23, 2004 | Case: 03-001432MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was stopped for speeding. The officer noticed bloodshot watery eyes, and a "very strong" odor of alcohol. The defendant allegedly failed all roadside tests and told the officer "you and I both know I'll blow over a .08." He was subsequently arrested for DUI. | |
| Result: | The Jury found the defendant NOT GUILTY in minutes. | |
| Aug 16, 2004 | Case: 317478-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped the officer noticed an odor of alcohol, slurred speech and bloodshot eyes. He stated the defendant performed poorly on roadside tests. The defendant refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Aug 16, 2004 | Case: 500765-W | Judge McWhorter |
| Facts: | The defendant was stopped for running a red light. The officer who stopped him observed an odor of alcohol, slurred speech, and unsteadiness. He called for a DUI officer who subsequently arrested the defendant. He refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Aug 11, 2004 | Case: 266013-W | Judge Gayles |
| Facts: | The defendant was stopped by police when he was sleeping in his vehicle in the middle of the road. The officers observed an odor of alcohol, slurred speech, and the defendant was unsteady and off balance. The defendant performed poorly on roadside tests and subsequent to his arrest for DUI he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 30, 2004 | Case: 03-028545MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving 115mph on I-75. The officer noticed a strong odor of alcohol and the defendant allegedly admitted to drinking. A search of the car revealed 3 bottles of beer. The defendant was subsequently arrested for DUI and Reckless Driving. | |
| Result: | The DUI was dismissed. | |
| Jul 27, 2004 | Case: 05-2004-CT054327-AXXX-XX | Judge Babb |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and bloodshot eyes. The defendant performed three field sobriety tests on video. After being arrested, he admitted to having five beers and blew a .11 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 26, 2004 | Case: 316947-X | Judge Figarola |
| Facts: | The defendant was found by police slumped over the wheel. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety tests and stated that the "police should take him in because he was drunk." He refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 26, 2004 | Case: 03-029181MM10A | Judge Murphy |
| Facts: | The defendant was sleeping in a vehicle with the keys in the ignition. The officer observed bloodshot eyes, slurred speech and a strong odor of alcohol on her breath. When asked about the damage to her vehicle she stated she must have hit something. After failing every roadside test she was arrested for DUI. She subsequently blew a .185 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 22, 2004 | Case: 03-022146TCA04 (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was stopped while driving his motorcycle in a serpentine fashion by a Delray Beach officer. The officer observed an odor from alcohol and stated the defendant mixed up the alphabet. A DUI officer was called and had the defendant perform field sobriety tests. he stated the defendant performed poorly. On video at the breath testing facility, the defendant admitted to having four mixed drinks, feeling the effects of the alcohol, and feeling under the influence. The defendant refused the breath test. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jul 21, 2004 | Case: 2004-CT-5079-0 | Judge Clark |
| Facts: | The defendant was involved in an accident where she ran into another car. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and be very unsteady. The defendant performed poorly on roadside tests and subsequently refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 20, 2004 | Case: 03-021277MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for running a red light. The officer that made the stop stated that he observed an odor of alcohol, blood shot eye, slurred speech, and that the defendant was completely off balance. A DUI officer was called and the defendant refused to do the field sobriety exercises and he also refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 20, 2004 | Case: 04-1651MM10A | Judge Murphy |
| Facts: | The defendant was stopped for drifting from one lane to the next several times. Once stopped, the officer observed an odor of alcohol and the defendant stated he had a couple of drinks. A DUI officer was called and he subsequently arrested the defendant for DUI. The defendant refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 19, 2004 | Case: 468032-W | Judge Bloom |
| Facts: | The defendant was stopped for running a red light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was unsteady and performed poorly on field sobriety tests. He blew a .136 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 19, 2004 | Case: 085707-J | Judge Bloom |
| Facts: | The defendant was stopped by the FHP for driving over 85 miles per hour in and out of traffic on a wet roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech and the defendant was off balance. According to the the officer, the defendant performed poorly of field sobriety tests and he subsequently blew a .093 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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