| May 8, 2004 | Case: 03-011382MM10A | Judge Zack |
| Facts: | The defendant was stopped for weaving on the roadway. The officer noticed an odor of alcohol and bloodshot eyes. The officer stated that the defendant performed poorly on all roadside tests. She was subsequently arrested for DUI and blew a .110 in the breath machine. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| May 4, 2004 | Case: 316853-X | Judge Bloom |
| Facts: | An anonymous caller called stating the defendant was driving erratically through the parking lot at a shopping center. The officer subsequently stopped the vehicle. The officer observed no traffic infraction and no erratic driving pattern. The officer observed the defendant to have an odor of alcohol, slurred speech, and the defendant appeared off balance. The defendant performed poorly on roadsides and he had marijuana in the car. He blew a .256 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Apr 22, 2004 | Case: 03-004192MM10A | Judge Diaz |
| Facts: | The defendant’s vehicle was stopped for swerving off the road. The officer stated that the defendant and another person in the vehicle switched seats. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. According to the officer, the defendant failed all roadside tests. She was arrested and blew a .103 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 21, 2004 | Case: 02-010912MM10A | Judge Robinson |
| Facts: | The defendant was stopped for almost colliding with 2 pedestrians. Inside his vehicle was a bottle of alcohol. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant was arrested and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2004 | Case: 2004-CT-8527-0 | Judge Martinez |
| Facts: | The defendant was stopped in Orlando for failure to maintain a single lane for allegedly driving off the roadway on the grass one time. The trooper observed an odor of alcohol, thick tongued speech and balance problems. He performed poorly on roadside tasks on video and blew a .124 in the breath machine. | |
| Result: | Just prior to the motion hearing, the State conceded the motion after reviewing the applicable Florida case law. The DUI was dismissed. | |
| Apr 6, 2004 | Case: 04-003395MM10A | Judge Murphy |
| Facts: | Officers came in contact with the defendant and observed an odor of alcohol on the defendant’s breath, slurred speech and blood shot eyes. After performing poorly on all field sobriety tests, the defendant was arrested for DUI and blew a .18 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Apr 3, 2004 | Case: 03-10959MM10A | Judge Cowart |
| Facts: | The defendant was stopped for brake light not functioning. The defendant used her vehicle to exit and was unsteady while walking. She had two open bottles of beer in the car. She had an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. She failed all roadside tests and was arrested for DUI. The defendant blew a .218. (2nd offense) | |
| Result: | After the argument, the prosecutor conceded the motion. The DUI was dropped. | |
| Mar 29, 2004 | Case: 306336-X | Judge Figarola |
| Facts: | The defendant was stopped for weaving and driving without headlights. The officer observed unsteadiness, an odor of alcohol, and slurred and mumbled speech. He refused roadsides stating, "I’m drunk, just arrest me and get this over with." That was according to the officer. He refused to take a breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 29, 2004 | Case: 8365-BYS | Judge McWhorter |
| Facts: | The defendant was stopped for weaving and driving 25 mph in a 55 mph zone. The defendant had slurred speech and was unsteady on his feet. He performed poorly on roadsides. The officer believed the defendant was impaired by drugs. A Drug recognition exam was conducted and the Officer concluded the defendant was impaired by marijuana. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2004 | Case: 456379-W | Judge Newman |
| Facts: | The defendant was stopped by police when he was slumped over the wheel in the roadway. The officers observed an odor of alcohol, slurred speech, and he was uncooperative. He refused roadsides and refused a breath test. His license was also suspended and it was his 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Mar 22, 2004 | Case: 411123-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer who stopped him observed the defendant to be unsteady, have an odor of alcohol on his breath and slurred speech. According to the officer the defendant failed every field sobriety test. After being placed under arrest for DUI, he subsequently refused a breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 22, 2004 | Case: 082951-J | Judge Bloom |
| Facts: | The defendant was on the side of the road because his car caught on fire. During a conversation with the Trooper, the defendant admitted to driving and drinking wine. The Trooper stated that the defendant could not even stand up. Several roadsides were conducted and according to the Trooper the defendant failed all of them. He was arrested, and subsequently blew a .202 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2004 | Case: 574510-X | Judge Pando |
| Facts: | The defendant was stopped for running a red light. Once stopped, the officer observed an odor of alcohol, bloodshot eyes. The defendant was also observed tripping over his feet when he walked. A DUI officer was called out to conduct the investigation. According to the officer, the defendant performed poorly on roadside tests and was subsequently arrested for DUI. He refused a breath test. This was the defendant’s 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2004 | Case: 03-018435MM10A | Judge Murphy |
| Facts: | The defendant was seen passed out behind the wheel of the car in the middle of the roadway. The defendant was completely intoxicated and could not perform one exercise. He was arrested and blew a .178 in the breath machine. | |
| Result: | The state dropped the DUI rather than putting the deputy on the witness stand. | |
| Feb 25, 2004 | Case: 01-9748MM10A | Judge Gehl |
| Facts: | A deputy approached the defendant’s car in a parking lot and told him not to drive. The defendant was seen driving soon after the encounter. The deputy stopped the defendant for the second time and observed an odor of alcohol, bloodshot eyes and some unsteadiness when he exited the car. The deputy concluded that the defendant failed the roadside tests and arrested him for DUI. The defendant blew a .098 into the breath machine. | |
| Result: | At trial, after the prosecutor called their last witness, the defense argued a motion to suppress based on the poor testimony of the arresting officer. The motion was granted. All evidence was thrown out. | |
| Feb 23, 2004 | Case: 7409-BYS | Judge Bloom |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, blood shot eyes and the defendant was unsteady on his feet. The defendant performed poorly on field sobriety tests. The defendant also submitted to a Drug Recognition Exam.. Believing the defendant has taken drugs, a urine test was requested. He tested positive for cocaine. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2004 | Case: 03-018376TCA04 | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and said he was off balance exiting the car. The defendant performed poorly on roadsides in that he stepped off the line a number of times, put his foot down numerous times on the one leg stand, and mixed up letters in the alphabet. He refused a breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 17, 2004 | Case: 9501-BYP | Judge McWhorter |
| Facts: | The defendant was involved in an accident. The officer on scene noticed the defendant to be off balance, have a flushed face, and mumbled speech. The defendant performed very poorly on roadsides. The defendant was arrested for being impaired by some type of chemical or controlled substance. Urine was requested by a drug recognition expert officer at the station in which the defendant tested positive for cocaine, marijuana, and alprazolam. | |
| Result: | The State dropped the DUI. | |
| Feb 11, 2004 | Case: 04-007656MM10A | Judge Feiner |
| Facts: | The defendant was stopped when police observed her traveling over the posted speed limit. She did not stop at the direction of the officers. The officers then chased her until she was finally stopped. Once detained by the officers, they observed an odor of alcohol. She became abusive towards the officers and she was subsequently arrested for fleeing and eluding a police officer and DUI. She refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2004 | Case: 413949-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped for having an illegal tint on her window. Once stopped, the officer noticed an odor of alcohol, slurred speech, and that the defendant staggered while she walked. Another officer was called to the scene to conduct field sobriety exercises. He stated the defendant performed poorly and she was arrested for DUI. She refused the breath test. | |
| Result: | The DUI was dismissed. | |
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