| Oct 2, 2012 | Case: 2011-CT-025550AXXX (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. Furthermore, on the alphabet test, he said the same letter on two separate occasions. During the car ride, which was also video taped, one could hear the defendant's slurred speech as he would not stop talking. After his arrest for DUI, he refused the breath test. | |
| Defense: | At jury trial, Parks & Braxton argued that a DUI investigation goes beyond a driving pattern and the ability to speak. In this particular case, the firm argued that the client's ability to walk normally, maintain his balance, and to perform various portions of the field sobriety tests in a normal manner created reasonable doubt to whether his normal faculties were impaired as required by Florida Law. | |
| Result: | The Jury found the defendant Not Guilty. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Oct 2, 2012 | Case: 2011-CT-021205AXXX | Judge Castor |
| Facts: | The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test. | |
| Result: | A week prior to the trial date, the State Dropped the DUI. | |
| Oct 1, 2012 | Case: 2011-CT-009222AXXX | Judge Higbee |
| Facts: | The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit). | |
| Result: | The State Dropped the DUI. | |
| Oct 1, 2012 | Case: 2011-44267MMAES | Judge Beck |
| Facts: | The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest. | |
| Result: | The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped. | |
| Oct 1, 2012 | Case: 10-011921MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Sep 21, 2012 | Case: 5561-XEM | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Sep 21, 2012 | Case: 5561-XEM | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 20, 2012 | Case: 9474-XEJ | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Sep 20, 2012 | Case: 9474-XEJ | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 18, 2012 | Case: 12-CT-500951 | Judge Mann |
| Facts: | The defendant was stopped for making an illegal u-turn and speeding. The trooper observed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant had poor balance and also leaned against his truck for balance. According to the officer, he failed every roadside test and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State prior to the trial date that the investigating trooper had an operational video camera in his patrol car but never even video taped the entire DUI investigation. | |
| Result: | The State Dropped the DUI. | |
| Sep 18, 2012 | Case: 12-CT-500951 | Judge Mann |
| Facts: | The defendant was stopped for making an illegal u-turn and speeding. The trooper observed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant had poor balance and also leaned against his truck for balance. According to the officer, he failed every roadside test and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 12, 2012 | Case: 6987-XEE | Judge Seraphin |
| Facts: | The defendant was stopped for driving on the rims of her tires as they were blown out. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .189 and .197 in the breath machine. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Sep 12, 2012 | Case: 2012-MM-003754 (JURY TRIAL) | Judge Schott |
| Facts: | <p>The defendant was stopped by the police after a person called 911 and stated the defendant was driving all over the road, running red lights, and hitting curbs. The officer stopped the car and noticed an odor of alcohol, severely slurred speech, bloodshot eyes, and slow/lethargic movements. Once the defendant was outside the car, he was unsteady and incoherent. He performed the roadside tasks at the request of the officer whereby he appeared highly intoxicated. The defendant admitted drinking 4-5 beers that day and also apologized to the officer that he should not be driving. After his arrest for DUI, he refused the breath test. It should be noted that the breath technician at the police station also testified that the defendant was totally incoherent and obviously impaired which was all was captured on video tape. Furthermore, the State played the 911 tape at trial for the jury.</p> | |
| Defense: | <p>Parks & Braxton argued at trial that the defendant's impairment was caused from a severe head injury and concussion which occurred hours before his contact with the police as opposed to alcohol impairment. At jury trial, the defendant testified as to his head injuries, the defense showed pictures of a huge bump on his head, and that he was hospitalized immediately upon his release from jail. His mother also testified about his hospitalization and that he had to be awoken every two hours for almost four days.</p> | |
| Result: | <p>The Jury found the defendant Not Guilty in less than ten minutes.</p> | |
| Sep 11, 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. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Sep 11, 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. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Sep 10, 2012 | Case: 2012-CT-041525AXXX | Judge Baker |
| Facts: | The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI. | |
| Result: | The State conceded the motion and Dropped the DUI. | |
| Sep 10, 2012 | Case: 12-CT-501719 | Judge Paluck |
| Facts: | The defendant was stopped for weaving, driving too slowly, and nearly causing a collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was verbally abusive toward the officer. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 7, 2012 | Case: 1261-XEU | Judge Wolfson |
| Facts: | The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the officer had no legal reason to initially detain the defendant as no crime was or had been committed. | |
| Result: | The State Dropped the DUI. | |
| Sep 7, 2012 | Case: 11-027007MM10A | Judge Brown |
| Facts: | The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense. | |
| Defense: | Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report. | |
| Result: | After the Trooper's testimony, the State dropped the DUI. | |
| Sep 6, 2012 | Case: 2011-CT-00165701XXBA (JURY TRIAL) | Judge Kirkland |
| Facts: | The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest. | |
| Defense: | Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime. | |
| Result: | In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant. | |
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