| Jul 13, 2004 | Case: 04-14MM10A | Judge Murphy |
| Facts: | The defendant was involved in an accident whereby he struck a pole. The officer who observed the crash, stated he noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he should not have gone out drinking that night. The defendant was arrested for DUI and blew a .166 in the breath machine. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jul 9, 2004 | Case: 413682-X | Judge Figarola |
| Facts: | The defendant was stopped while parked behind a closed business. He was ordered out of the car. The officer observed an odor of alcohol, slurred speech and blood shot eyes. He performed poorly on roadsides and blew a .153 in the breath machine. This was the defendant's third offense. | |
| Result: | The State read the deposition of the officer and the case law and then conceded the motion. The DUI was dismissed. | |
| Jul 9, 2004 | Case: 132382-W | Judge Gayles |
| Facts: | The defendant was involved in an accident in which she struck a raised median. She had an odor of alcohol, slurred speech. She performed poorly on roadside tests and blew a .216 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 9, 2004 | Case: 550211-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and the defendant performed poorly on field sobriety tests. He blew a .187 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 29, 2004 | Case: 04-005675MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving into the center median and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant was extremely unsteady. A DUI officer was called and the defendant performed poorly on field sobriety exercises. He blew a .185 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 28, 2004 | Case: 289182-X | Judge Figarola |
| Facts: | The defendant was involved in a crash by driving into a fence. When the officer arrived he noticed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant was unsteady. He was transported to the police station to do field sobriety exercises. At the station he blew a .165 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 28, 2004 | Case: 413945-X | Judge Figarola |
| Facts: | The defendant was stopped for failing to maintain a single lane. The deputy observed the defendant to have a side to side sway, slurred speech and an odor of alcohol. According to the officer, the defendant performed poorly on several field sobriety tests. He blew a .146 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 22, 2004 | Case: 03-41797CT (JURY TRIAL) | Judge Boles |
| Facts: | The defendant was stopped by the police for speeding by a Santa Rosa County Deputy. The deputy observed the defendant to be uneasy on her feet, have slurred speech and have an odor of alcohol. A DUI officer was called to conduct field sobriety exercises on the defendant. The officer alleged she did poorly on the roadside tests which included the one leg stand and the walk and turn. The defendant allegedly refused the breath test. An open bottle of beer cold to the touch was found in the center console. This was the defendant’s second offense within five years of her last DUI conviction. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 16, 2004 | Case: 03-028571TCA08 | Judge Cohen |
| Facts: | The defendant was stopped by the police for squealing his tires (improper start) pursuant to Florida Statute 316.154. Once stopped, the officer observed an odor of alcohol, slurred speech, and that the defendant had difficulty standing. The defendant refused the field sobriety tests stating he had medical problems with his legs. On video back at the station, the defendant was argumentative with police, off balance, slurring his words, and he refused the breath test. This was the defendant’s FOURTH OFFENSE. | |
| Result: | The DUI was dismissed. | |
| Jun 15, 2004 | Case: 03-13374MM10A | Judge Zack |
| Facts: | The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol and bloodshot watery eyes. The defendant was unsteady exiting the vehicle, and swayed from side to side throughout the investigation. The breath test operator stated that the defendant had a flushed face and slurred speech. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 14, 2004 | Case: 03-16821MM10A | Judge Diaz |
| Facts: | The defendant was observed asleep at the wheel on the bridge over the inter-coastal. The defendant’s eyes were extremely bloodshot and he wreaked of alcohol. He stated he had “a few too many.” His speech was slurred and his face was flushed. The defendant failed every roadside test and blew a .150 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 14, 2004 | Case: 252897-W | Judge Bloom |
| Facts: | The defendant was stopped for driving on the wrong side of the road by an undercover police officer. Once stopped the officer held the defendant at gun point and other officers arrived and detained the defendant. After he was detained, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. A DUI officer was called and the defendant performed poorly on all roadside tests. | |
| Result: | The State dropped the DUI. | |
| Jun 12, 2004 | Case: 03-24329MM10A | Judge Zack |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and he admitted to drinking. According to the officer, he performed poorly on roadside tests and blew a .090 in the breath machine. | |
| Result: | The state dropped the DUI. | |
| Jun 12, 2004 | Case: 048095-W | Judge Mills-Francis |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and subsequently refused the breath test. | |
| Result: | The state dropped the DUI. | |
| Jun 7, 2004 | Case: 085992-J | Judge Krieger-Martin |
| Facts: | The defendant was involved in an accident in which the vehicle flipped over. The trooper arrived and noticed an odor of alcohol, slurred speech and the defendant appeared confused and off balance. He performed poorly on roadside tests and blew a .174 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 7, 2004 | Case: 466367-W | Judge McWhorter |
| Facts: | The defendant was stopped for obstructing traffic. The officer observed bloodshot eyes, an odor of alcohol, slurred speech and the defendant could not maintain his balance. The defendant refused all sobriety tests. This was the defendant's 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2004 | Case: 250795-W | Judge Bloom |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant failed all roadside tests and blew a .211 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| May 20, 2004 | Case: 03-021434MMA99 | Judge Damico |
| Facts: | The defendant was stopped after allegedly failing to yield to a police officer’s vehicle. Once stopped, the officer noticed an odor of alcohol and slurred speech. Another officer was called to the scene to administer field sobriety exercises. The officer was in training and this was her second DUI investigation. She observed the defendant to stagger as he walked and perform poorly on roadside tests. The defendant was arrested for DUI and refused the breath test. This was the defendant’s second offense and marijuana was also found in the car. | |
| Result: | Motions granted. The State dismissed the DUI and Marijuana charges. | |
| May 17, 2004 | Case: 575347-X | Judge Prescott |
| Facts: | The defendant was involved in an accident in which she ran into a house. The person who owns the house came outside and told her to stay and wait for the police. The defendant took off and was stopped in her car by another person in the neighborhood. She was detained by that person until the police arrived. When the police arrived, she told them she had been drinking and had taken Xanax. The officers observed balance problems, slurred speech, and odor of alcohol. She performed poorly on roadside tests. She refused to take the breath test. She was charged with DUI and Leaving the scene of an accident. | |
| Result: | The State dropped the DUI. | |
| May 14, 2004 | Case: 04-515MM10A | Judge Levenson |
| Facts: | The defendant was stopped for swerving all over the road and hitting a curb. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all roadside tests and was arrested for DUI. He subsequently blew a .186 and told the officers he had 6 icehouse beers. This was his 2nd DUI. | |
| Result: | The Judge dismissed the charges. | |
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