| Nov 16, 2012 | Case: 2012-CT-011396AXXX | Judge Evans |
| Facts: | The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results. | |
| Defense: | Parks & Braxton took the pre-trial deposition of the toxicologist who analyzed the urine sample. In deposition, the toxicologist could not state with certainty that the defendant was under the influence of those particular controlled substances at the time of driving as they could have been in his system for a lengthy amount of time. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Nov 16, 2012 | Case: 2012-CT-010637AXXX | Judge Mitchell |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Nov 16, 2012 | Case: 2012-CT-011396AXXX | Judge Evans |
| Facts: | The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results. | |
| Result: | The State Dropped the DUI. | |
| Nov 16, 2012 | Case: 2012-CT-010637AXXX | Judge Mitchell |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 15, 2012 | Case: 11-020613MM10A | Judge Solomon |
| Facts: | The defendant was in a parking lot playing loud music with the windows down. In addition, the defendant was not wearing his seatbelt. When the officer approached the vehicle, the defendant started to back-up and drive away. After several commands, the defendant stopped the vehicle. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. Upon exiting the car, the officer noticed that the defendant was unsteady on his feet. The defendant admitted to taking Xanax as well. The defendant refused all testing and was arrested for DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress based on an unlawful stop. First, the statute dealing with loud music was declared unconstitutional. At the hearing, the officer testified that he was unaware at the time that the law was declared unconstitutional. The State argued that the officer could rely on a "good faith exception" despite the fact that the law was no longer valid. Parks & Braxton argued that since the DCA court had declared the law unconstitutional and published the case, the officer could no longer claim that he had a "good faith" basis to believe the law was still valid. In addition, Parks & Braxton got the officer to testify that he did not see the seatbelt violation until after he ordered the defendant to stop. | |
| Result: | The motion was Granted. The DUI was DISMISSED. | |
| Nov 15, 2012 | Case: 11-020613MM10A | Judge Solomon |
| Facts: | The defendant was in a parking lot playing loud music with the windows down. In addition, the defendant was not wearing his seatbelt. When the officer approached the vehicle, the defendant started to back-up and drive away. After several commands, the defendant stopped the vehicle. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. Upon exiting the car, the officer noticed that the defendant was unsteady on his feet. The defendant admitted to taking Xanax as well. The defendant refused all testing and was arrested for DUI. | |
| Result: | The motion was Granted. The DUI was DISMISSED. | |
| Nov 14, 2012 | Case: CT-007917-XFA | Judge Myers |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. He also used the vehicle for support. According to the officer, he failed the the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that on video tape, none of the defendant's normal faculties were impaired. | |
| Result: | The State Dropped the DUI. | |
| Nov 14, 2012 | Case: CT-007917-XFA | Judge Myers |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. He also used the vehicle for support. According to the officer, he failed the the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 12, 2012 | Case: 11-028052MM10A | Judge Diaz |
| Facts: | The Police received a call concerning a reckless driver. When the officer observed the defendant he was driving on a rim with sparks flying. The defendant refused to stop while two officers were following him with their lights and sirens on. Eventually, the defendant pulled into an apartment complex and parked his car. The officers ordered the defendant out of the vehicle several times and eventually had to pull him out. The officers observed signs of impairment and requested that the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn test as well as the one leg stand, he was arrested for DUI. The defendant refused to submit to a breath test. | |
| Result: | On the day of the motion, the State dropped the DUI. | |
| Nov 10, 2012 | Case: 1350-XEU | Judge Newman |
| Facts: | The defendant was stopped for making an illegal u-turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He failed the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .155 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 9, 2012 | Case: 2011-CT-6342-AXXX | Judge Shore |
| Facts: | The officer pulled up behind the defendant who was passed out in his car. The defendant was parked on the side of the road and the car was running. The officer then made contact with the defendant and noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .117 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 9, 2012 | Case: 2012-CT-5852-AXXX | Judge Shore |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, droopy eye lids, slurred speech, and lethargic movements. The defendant admitted to drinking two beers. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 8, 2012 | Case: CT-007915-XFA | Judge Conrad |
| Facts: | The defendant was involved in a one car crash whereby he drove off the road and hit a pole. The defendant told the police that he was trying to avoid a crash with another car. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform the roadside tests on video tape and then was arrested for DUI. After his arrest, he refused the breath breath test. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Nov 5, 2012 | Case: 11-026590MM10A | Judge Merrigan |
| Facts: | The defendant was the at fault driver in a two car crash. Upon the officer's arrival, the defendant was already outside the car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and she was unsteady on her feet. The defendant refused the roadside tests and then was arrested for DUI. She then refused the breath test. | |
| Result: | Due to the above fact and speedy trial expiring, the DUI was Dismissed. It should be noted, this is the Second DUI a member of the firm has obtained a dismissal for this client on a DUI charge. | |
| Nov 2, 2012 | Case: 5700-XEM | Judge Krieger-Martin |
| Facts: | The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Nov 1, 2012 | Case: 48-2011-CT-006718-AOX (JURY TRIAL) | Judge Bigney |
| Facts: | The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine. | |
| Defense: | At jury trial, the defense pointed out to the jury that the breath test machine in question failed an inspection around the time frame that the defendant submitted to the breath test. The defense also argued that he was not in actual physical control of the vehicle since he had no capability to operate it while sleeping. Furthermore, the defense, through cross examination, showed the jury that the arresting officer was not credible. | |
| Result: | In the middle of Jury Trial, the State Dropped the DUI. | |
| Nov 1, 2012 | Case: 7194-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Nov 1, 2012 | Case: CT-004754-XEP | Judge Myers |
| Facts: | The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI. | |
| Result: | Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI. | |
| Oct 26, 2012 | Case: 8298-XEJ | Judge Wolfson |
| Facts: | The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Oct 26, 2012 | Case: 8298-XEJ | Judge Wolfson |
| Facts: | The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
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