| Feb 8, 2004 | Case: 265578-W | Judge Krieger-Martin |
| Facts: | The police responded to a call about a driver who was passed out behind the wheel of a vehicle. When the police arrived, the defendant was slumped over wheel on his own driveway. The officers awoke the defendant and observed an odor of alcohol, slurred speech, and the defendant could not even stand up without assistance. He refused the breath test. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jan 27, 2004 | Case: 02-029249TCA04 (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped by an officer while on the side of the road. A call had gone out about a sick or injured driver. The officer who arrived on the scene stated that the defendant was sitting in the driver’s seat with the keys in the ignition. The officer observed an odor of alcohol, slurred speech, and the defendant to be unsteady on his feet. A DUI officer was called and the defendant performed poorly on all roadside tests. Blood was subsequently drawn and the defendant’s blood alcohol level was a .19. | |
| Result: | NOT GUILTY (in fifteen minutes). | |
| Jan 22, 2004 | Case: 03-007098TCA04 | Judge Damico |
| Facts: | The defendant was stopped for speeding and weaving. He almost struck two vehicles as he left his lane of travel. The officer observed slurred speech, an odor of alcohol, and the defendant staggered throughout the investigation. The defendant did not perform field sobriety exercises due to the fact he told the officer he had back injuries. He refused a breath test. | |
| Result: | The State dropped the DUI prior to trial. | |
| Jan 11, 2004 | Case: 131995-W | Judge Figarola |
| Facts: | The defendant was stopped for driving across three lanes of traffic and almost striking another vehicle. The officer observed and odor of alcohol, slurred speech and glassy eyes. According to the officers, he used the car for balance and became verbally abusive towards the officers. He refused the roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 9, 2004 | Case: 02-029205MM10A | Judge Cowart |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .154 in the breath machine. | |
| Result: | The State conceded the motion. | |
| Jan 7, 2004 | Case: 250999-W | Judge Newman |
| Facts: | The defendant was stopped for loud music coming from his car. When the officer approached his car, he smelled an odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety exercises. The defendant refused to take the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 3, 2004 | Case: 245831-W | Judge Pando |
| Facts: | The defendant was involved in an accident where he rear ended another vehicle. He could not perform roadside tasks due to his level of intoxication. The officers observed an odor of alcohol, bloodshot eyes, the defendant almost falling, and slurred speech. The defendant blew a .162 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 3, 2004 | Case: 245111-W | Judge Haigh |
| Facts: | The defendant was sitting behind the wheel of his vehicle in the inside lane of traffic next to the curb. When the officer pulled up, he had his overhead lights flashing. He subsequently ordered the defendant out of the car. He made no DUI observations until the defendant was outside of the vehicle. He testified that the defendant was sleeping in the car and that he took the keys out of the ignition. A DUI officer was called who observed the defendant to be unsteady, have an odor of alcohol, and blood shot eyes. He performed very poorly on all of the sobriety tasks. He refused a breath test. (this was his 2nd offense). | |
| Result: | The motion was granted and all of the evidence was thrown out. The State dropped the DUI. | |
| Dec 30, 2003 | Case: 413710-X | Judge McWhorter |
| Facts: | The defendant was found by the police passed out in his vehicle in the middle of the road. He had just left the scene of an accident. The defendant was unsteady, had slurred speech, and an odor of alcohol on his breath. He was also charged with leaving the scene of an accident. The defendant was given the eye test (HGN). He refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Dec 17, 2003 | Case: 250738-W | Judge Pando |
| Facts: | The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant appeared to be unsteady. The defendant refused the breath test and all roadsides except HGN (the eye test). | |
| Result: | The State dropped the DUI. | |
| Dec 17, 2003 | Case: 03-013971MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving carelessly through a parking lot squealing his tires. Upon exiting the vehicle the defendant was unsteady on his feet. The defendant had bloodshot eyes, slurred speech and an odor of alcohol. The defendant refused to answer any questions or provide any tests. | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2003 | Case: 02-029129MM10A | Judge Gehl |
| Facts: | The defendant was stopped driving through a checkpoint. The defendant had watery eyes, and was unaware of his surroundings. The defendant was unsteady on his feet and failed all sobriety tests. When the officer asked the defendant to touch the tip of the pen he was unsuccessful. The defendant refused a breath test. | |
| Result: | Motion granted. Case Dismissed. | |
| Nov 12, 2003 | Case: 03-010459MM10A | Judge Murphy |
| Facts: | The defendant was stopped going through a checkpoint. The officer noticed bloodshot watery eyes, slurred speech and an odor of alcohol. The defendant admitted to drinking 5 beers, failed all roadside sobriety tests, and blew a .138 in the breath machine. | |
| Result: | The court granted the motion. The case was dismissed. | |
| Nov 8, 2003 | Case: 395118-W | Judge Mills-Francis |
| Facts: | The defendant was stopped for weaving in and out of traffic. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on roadsides. This was the defendant’s 2nd offense. The defendant blew a .104 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Nov 8, 2003 | Case: 574473-X | Judge Hernandez |
| Facts: | The defendant was stopped for throwing a bottle of alcohol out of his window. The initial officer observed the defendant to have an odor of alcohol and a blank stare. When the DUI officer arrived , the defendant could not follow any instructions and could not comprehend anything. He was unable to perform any sobriety tests. He refused a breath test. This was the defendant’s 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2003 | Case: 03-4852MM10A | Judge Zack |
| Facts: | The defendant was stopped for driving over the curb and accelerating his tires while in a drive thru. The officer noticed blood shot eyes, flushed face, slurred speech and an odor of alcohol on his breath. The defendant was unable to complete any of the roadside sobriety tests. He was arrested for DUI and blew a .16 in the breath machine. This was his 2nd offense for DUI. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Oct 29, 2003 | Case: 02-029129MM10A | Judge Gehl |
| Facts: | The defendant was stopped while entering through a checkpoint. The defendant told the officer he had been drinking, and as he exited the car he was swaying in a circular direction. The defendant told the officer he was in Miami even though he was in Pembroke Pines. The defendant failed all roadside tests and was arrested for DUI. A bag of marijuana was found in the vehicle. | |
| Result: | The Motion was granted and all evidence was thrown out. | |
| Oct 28, 2003 | Case: 03-004305MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for having an unlawful tag. Upon stopping the defendant, the officer noticed a bottle of liquor in the car. The defendant exhibited bloodshot eyes, flushed face and an odor of alcohol. She performed poorly on the roadside sobriety tests and was arrested for DUI. She blew a .120 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2003 | Case: 02-030555TCA04 | Judge Damico |
| Facts: | The defendant was stopped for running a red light and nearly colliding with an officer. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. According to the officer she performed poorly on the roadside sobriety tests and subsequently blew a .097 in the breath machine after being arrested. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2003 | Case: 388153-W | Judge Pando |
| Facts: | The defendant was stopped for driving off the roadway onto the grassy swale. After being stopped, the officer observed an odor of alcohol, slurred speech, and the defendant appeared to be off balance. The defendant performed poorly on roadsides and blew a .144 in the breath machine. | |
| Result: | The Judge Granted the motion and threw out all the evidence. | |
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