| Sep 30, 2021 | Case: 21-CT-008824 | Judge Booras |
| Facts: | A concerned citizen dialed 911 stating that the defendant was traveling erratically all over the road. The officer spotted the defendant and conducted a traffic stop. The officer then noticed an odor of alcohol, slurred speech, and he was lethargic in his movements. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Since the officer didn't observe any type of driving pattern, the lawfulness of the stop was called into question. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Sep 24, 2021 | Case: 21-CT-003572 | Judge Conrad |
| Facts: | The defendant was stopped for driving without headlights at night. Officers observed an odor of alcohol, slurred speech, and difficulty following instructions.. She appeared unsteady, uncoordinated, and swayed. She performed various roadside tasks such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test. | |
| Defense: | Many of the observations written by the officers were over exaggerated as compared to what can be viewed from the body worn cameras worn by the officers. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2021 | Case: 21-CT-026157 | Judge T. Brown |
| Facts: | A concerned citizen called 911 stating that the defendant was driving recklessly by failing to maintain a single lane. When the officer spotted the defendant, he was drifting between three lanes of travel affecting other traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Many observations written by the officer were contradicted by the video tape leading to credibility issues. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2021 | Case: 21-CT-022318 | Judge T. Brown |
| Facts: | The defendant was stopped after driving on the white solid line and cutting across five lanes of travel. Officers noticed the defendant to have an odor of alcohol, dilated/watery eyes, and he had to shuffle around to find his documents. The defendant denied having anything to drink. His speech was mumbled and he was slow in his movements. After performing various roadside tests such as the finger to nose and one leg stand, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The lawfulness of the stop was called into question as the specifics of the driving pattern were vague and no traffic seemed to be affected. | |
| Result: | The State dropped the DUI. | |
| Sep 21, 2021 | Case: AEL8FXE | Judge Bedinghaus |
| Facts: | The defendant was stopped for weaving and drifting in her lane. The officer observed an odor of alcohol, slurred speech, and she fumbled with her documents. She also had a flushed face and watery eyes. After performing various field sobriety tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | Due to the lack of specificity written by the officer about the field sobriety tests, there was a lack of probable cause. | |
| Result: | The State dropped the DUI. | |
| Sep 21, 2021 | Case: 21-CT-005076 | Judge Conrad |
| Facts: | The defendant was stopped for failure to maintain a single lane. Once stopped, the officer noticed an odor of alcohol, slurred speech, and red eyes. She also swayed while she stood. After performing roadsides, she was arrested for DUI. She later blew a .191 and a .189 in the breath machine. | |
| Defense: | The legality of the traffic stop was called into question after a review of the video and police reports. | |
| Result: | The State dropped the DUI. | |
| Sep 20, 2021 | Case: 19-029972MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was the at fault driver in crash. He made made a wide turn and hit another car. Officers observed an odor of alcohol, slow/slurred speech, and he swayed while he stood. He also had watery eyes and and he would repeat things as he spoke. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | When a defendant refuses to perform roadside tests the officer must advise the defendant of adverse consequences before the refusal may be admitted into evidence. In this case, the firm filed a motion to exclude the refusal because the officer did not follow the law. The Judge granted the motion and the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 15, 2021 | Case: 19-CT-001292 | Judge Gould |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor alcohol, the defendant admitted to having drank a mojito, he had thick tongued speech and glassy eyes. After performing various field sobriety tests such as the one leg stand and walk and turn, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine. | |
| Defense: | Prior to trial, the firm uncovered various documents on the particular breath machine that the defendant blew into. It showed that the officers never did the required inspections and the machine failed many times. A week prior to the trial date, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2021 | Case: 21-CT-023358 | Judge Silverman |
| Facts: | A "BOLO" went out about a reckless driver weaving in and out of traffic. When officers spotted the defendant (the driver in question), they observed her swerving and slowing down. Upon contact, the officers observed the defendant to have an odor of alcohol, she fumbled with her documents, and had slurred speech. She also staggered and stumbled while outside the car. After performing very poorly on roadside tests, she was arrested for DUI. She later blew a .237 and a .236 in the breath machine. | |
| Defense: | Issues were raised by the firm regarding the lawfulness of the traffic stop such as whether the caller was anonymous, and the amount of corroboration visualized by the officer. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2021 | Case: 21-CT-023554 | Judge Jacobus |
| Facts: | The defendant was the at fault driver in a parking lot fender bender. The eyewitness at the scene identified the defendant as the driver. The defendant and her friend then switched seats. When officers made contact, the defendant was now in the passenger seat. She was asked to step out of the car. Once out, officers observed her to have an odor of alcohol, mumbling speech, and slow movements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | The defendant denied ever being the initial driver involved in the crash. Questions were then raised by the firm as to the accuracy of the eyewitness’s identification. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2021 | Case: 21-CT-000298 | Judge Jeske |
| Facts: | The defendant was stopped after he crossed over the dotted white line on three different occasions. The officer then observed an odor of alcohol, bloodshot eyes, and fumbling fingers. He also had slurred speech and admitted to having drank alcohol. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no reasonable suspicion to believe that the defendant was impaired for simply crossing over the line 3 times within a quarter of a mile. It could have been something as innocent as changing the radio station or looking down at one's phone for a second. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2021 | Case: 21-CT-017703 | Judge Atkin |
| Facts: | The defendant was stopped for driving the wrong way on the road and almost causing a head on collision. Officers observed the defendant to have an odor of alcohol, glassy eyes, and slow speech. The defendant staggered and admitted to having drank whiskey. Due to his intoxication level, roadside tests were not conducted for safety reasons. He was then arrested for DUI and later blew a .228 and a .222 in the breath machine. | |
| Defense: | After extensive negotiations and the firm pointing out some inconsistencies in the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2021 | Case: 21-CT-031827 | Judge Jacobus |
| Facts: | The defendant was stopped for a traffic infraction by a local police department officer. He then called for the Sheriff's office to conduct a DUI investigation. Officers observed an odor of alcohol, watery eyes, and he seemed confused. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .152 and a .149 in the breath machine. | |
| Defense: | The defendant was detained longer than necessary for the initial officer to write the traffic ticket. Thus, the issue was raised by the firm whether he was unlawfully detained too long for the DUI cop to arrive. | |
| Result: | The State dropped the DUI. | |
| Sep 13, 2021 | Case: 21-CT-011689 | Judge Collins |
| Facts: | The defendant was involved in a single car crash. Her car ran off the road into the bushes. When officers arrived, they noticed the defendant to have an odor of alcohol, very slurred speech, and watery eyes. She had slow/lethargic movements and swayed. She then performed poorly on roadside tests and was arrested for DUI. | |
| Defense: | Officers had on body worn cameras. On tape, the defendant's speech was not slurred and she did not appear unsteady. They it made it seem like her performance on the field sobriety tests was worse on paper than what appeared on tape. The firm brought all this to the prosecutor's attention. | |
| Result: | The State Dropped the DUI. | |
| Sep 9, 2021 | Case: 21-CT-000648 | Judge Wansboro |
| Facts: | The defendant was stopped for driving the wrong way and having no headlight. The officer observed an odor of alcohol, a blank stare, and watery eyes. She also had constricted pupils and slurred speech. She then performed poorly on various field sobriety tests and was arrested for DUI. She later blew a .117 and a .115 in the breath machine. | |
| Defense: | There was no dash camera or body worn camera. Since the reports were vaguely written, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 2, 2021 | Case: 21-CT-002081 | Judge Conrad |
| Facts: | A caller dialed 911 and stated that the defendant was driving the wrong way. A deputy located the vehicle driven by the defendant. Upon contact, the officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also had unsteady balance and her movements were lethargic. After performing poorly on the roadside tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | Since the caller only described an alleged traffic infraction, the officer had to have seen some type of erratic driving pattern or infraction to seize the defendant. Since he did not, the lawfulness of the traffic stop was called into question. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2021 | Case: 21-CT--000588 | Judge Sestak |
| Facts: | The defendant drove toward a dead end where an FHP happened to be sitting in his car. After the defendant realized it was a dead end, he turned around. The trooper then initiated a traffic stop. The officer noticed an odor of alcohol, watery eyes and mumbled speech. The defendant performed very poorly on the roadside tests and was arrested for DUI. He later blew a .206 and a .197 in the breath machine. | |
| Defense: | The firm advised the prosecutor prior to any motions being filed that there was no probable cause to stop the defendant. The State Agreed and Dropped the DUI to a civil infraction and the defendant received no conviction or points on the civil infraction. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2021 | Case: 19-011331MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he had a cup of whiskey in the center console. The defendant also stumbled and admitted to having drank whiskey. After performing field sobriety tests, he was arrested for DUI. He later blew a .096 and a .093 in the breath machine. | |
| Defense: | Parks & Braxton announced ready for trial. There were numerous inconsistencies in the officer's reports, as well as the video. Also, with the .02 margin of error on the breath machine, we were able to place the defendant's breath alcohol results under the legal limit. On the morning of trial, the State Dropped the DUI and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Aug 31, 2021 | Case: 21-MM-010014 | Judge Friedland |
| Facts: | The defendant was stopped after a caller told 911 that the defendant was "high as a kite." When officers made contact, they observed the defendant to have slow/slurred speech and slow/lethargic movements. Believing he was impaired by drugs and not alcohol, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later refused a urine test. | |
| Defense: | Under Florida law (Fla. Statute 316.193) to prove a DUI, the State must prove that a defendant be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here, the State could not prove either of the above. One cannot just be impaired to be convicted of DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 31, 2021 | Case: 20-CT-038546 | Judge Friedland |
| Facts: | The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and red/glassy eyes. The defendant was then taken to the hospital where she refused to provide a blood sample. She was then charged with DUI. This was the defendant's Second DUI. | |
| Defense: | The officers’ reports contradicted each other. In one report, he wrote that the defendant had mumbled speech, but in another one he wrote the defendant had good speech. Due to the fact that the defendant was not the cause of crash, no roadsides were conducted, and the officer's credibility was called into question, there was a lack of probable cause to arrest the defendant. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
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