| Aug 17, 2012 | Case: 7477-XDK | Judge Ortiz |
| Facts: | The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Aug 17, 2012 | Case: 8100-XEE | Judge Ortiz |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 17, 2012 | Case: 3348-XEX | Judge Ortiz |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 16, 2012 | Case: 2767-XDP | Judge Newman |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests 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. | |
| Aug 16, 2012 | Case: 8233-XEU | Judge Denaro |
| Facts: | The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Aug 16, 2012 | Case: 2767-XDP | Judge Newman |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 16, 2012 | Case: 8233-XEU | Judge Denaro |
| Facts: | The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 14, 2012 | Case: 12-33661MMAES | Judge Schumann |
| Facts: | The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine. | |
| Defense: | Parks & Braxton were prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Aug 14, 2012 | Case: 11-4709MM10A | Judge Solomon |
| Facts: | The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Aug 14, 2012 | Case: 12-33661MMAES | Judge Schumann |
| Facts: | The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 14, 2012 | Case: 11-4709MM10A | Judge Solomon |
| Facts: | The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI. | |
| Defense: | Despite the officer's report indicating her poor performance on the field sobriety tests, there was no video to substantiate his observations. As a result, Parks & Braxton announced ready for trial. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Aug 11, 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. | |
| Result: | The State Dropped the DUI. | |
| Aug 10, 2012 | Case: 5767-XDY | Judge Ortiz |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. According to 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 made several errors in his reports. The most important being a mistake of the race of the defendant. | |
| Result: | The State Dropped the DUI. | |
| Aug 8, 2012 | Case: 9666-XEX | Judge Seraphin |
| Facts: | The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Aug 8, 2012 | Case: 9666-XEX | Judge Seraphin |
| Facts: | The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 7, 2012 | Case: CT-004921-XGA | Judge Weis |
| Facts: | The defendant was stopped by a police officer as he was walking out of a concert. The officer noticed an odor of alcohol, slurred speech, and saw the defendant stumbling. She told the defendant do not drive. About 45 minutes later, he was seen driving out of parking garage and was then stopped again in his car. A DUI officer was called and made similar observations. The defendant was requested to perform the roadside tasks and did not perform up to standards. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Aug 6, 2012 | Case: 9095-XEC | Judge Wolfson |
| Facts: | The defendant was found by police sitting in his car through several red and green light cycles. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .108 and .101 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 5, 2012 | Case: 11-CT-506073 | Judge Adams |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, slurred speech, and a sarcastic attitude. According to the officer, she performed poorly on the roadside tests which were video taped. She was then was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | On the morning of Jury Trial, the State Dropped the DUI. | |
| Aug 1, 2012 | Case: 5606-CZO | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jul 30, 2012 | Case: CT-009660-XEG | Judge Greco |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the officer misinformed and misstated the law as to the consequences of refusing and/or blowing over the legal limit. | |
| Result: | The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI. | |
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