| 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. | |
| Result: | The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jul 27, 2012 | Case: 3823-XED | Judge Wolfson |
| Facts: | The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jul 27, 2012 | Case: 12-CT-501836 | Judge Hayes |
| Facts: | The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine. | |
| Defense: | Parks & Braxton were prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Jul 27, 2012 | Case: 3823-XED | Judge Wolfson |
| Facts: | The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 27, 2012 | Case: 12-CT-501836 | Judge Hayes |
| Facts: | The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 25, 2012 | Case: CTC11-6024XDVANC-L | Judge Vaccaro |
| Facts: | The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession. | |
| Result: | The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years. | |
| Jul 25, 2012 | Case: CTC11-6024XDVANC-L | Judge Vaccaro |
| Facts: | The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession. | |
| Defense: | Pre-trial, Parks & Braxton presented prescription evidence to the State that the defendant had a valid prescription of the hydrocodone at the time of the arrest. Also, prior to the jury trial date, we pointed out to the State that the officers had an in-car video camera. However, they never filmed the defendant for almost the entire time of the DUI investigation. Rather, they filmed the gas station for almost the whole time. | |
| Result: | The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years. | |
| Jul 12, 2012 | Case: 12-2184XGRTWS | Judge Salton |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a couple of drinks. According to the arresting officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Result: | Three days before Jury Trial, the State Dropped the DUI. | |
| Jul 9, 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. | |
| Result: | The State Dropped the DUI. | |
| Jul 9, 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. | |
| Result: | After the Trooper's testimony, the State dropped the DUI. | |
| Jul 8, 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. | |
| Result: | The State Dropped the DUI. | |
| Jul 5, 2012 | Case: 5834-XEM | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, she was falling asleep, slurred speech, and bloodshot eyes. The defendant admitted that she felt the effects of the alcohol at the time of driving. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .129 and .128 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Jul 2, 2012 | Case: 2011-CT-022698AXXX | Judge Evans |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed slurred/mumbled speech, an odor of alcohol, and unsteadiness exiting the vehicle. The defendant admitted to having a couple of drinks. According to the arresting officer, he did not perform up to standards on the roadside tests which were video taped and then he was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2012-CT-003478AXXX | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2117-XAZ | Judge Seraphin |
| Facts: | The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2012-CT-003478AXXX | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2117-XAZ | Judge Seraphin |
| Facts: | The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jun 22, 2012 | Case: 2011-MM-011427-A | Judge Schott |
| Facts: | The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly during the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's truck. In our motion, we alleged that the officer did not observe any driving pattern on video tape consistent with a "reckless" driver as required by Florida Law. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI. | |
| Jun 22, 2012 | Case: 2011-MM-011427-A | Judge Schott |
| Facts: | The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI. | |
| Jun 21, 2012 | Case: 810-183MM10A | Judge Cowart |
| Facts: | The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Defense: | Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape. | |
| Result: | The State Dropped the DUI. | |
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