| Jun 21, 2012 | Case: 10-183MM10A | 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. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jun 19, 2012 | Case: 4380-XDY | Judge Miranda |
| Facts: | The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 19, 2012 | Case: 8419-XEX | Judge Miranda |
| Facts: |
The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine. Defense Parks & Braxton were ready for trial. |
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| Result: | The State Dropped the DUI. | |
| Jun 19, 2012 | Case: 4380-XDY | Judge Miranda |
| Facts: | The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Jun 19, 2012 | Case: 8419-XEX | Judge Miranda |
| Facts: | The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 9, 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. | |
| 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. | |
| Jun 9, 2012 | Case: CT-005019-XEP | Judge Jeske |
| Facts: | The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2012 | Case: 2791-XDP | Judge Altfield |
| Facts: | The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jun 8, 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. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jun 1, 2012 | Case: 2011-CT-036569AXXX | Judge Damico |
| Facts: | The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton took a pre-trial deposition of the arresting officer. In deposition, we pointed out that the officer never even checked to see if there was any paint transfer from the dumpster to the car. Also, it was brought out during questioning that the defendant performed much better on the roadside tests than described in the reports as the officer wrote a very vague report with hardly any details. The officer also could not remember many specifics. | |
| Result: | The State Dropped the DUI. | |
| May 29, 2012 | Case: 2011-CT-006104-XFA | Judge Weis |
| Facts: |
The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a .158 and .164 in the breath machine |
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| Defense: | Parks & Braxton pointed out to the State that the majority of the driving pattern on video tape showed no erratic driving. Also, the machine the defendant blew into had prior maintenance problems. Further, we pointed out to the State that the defendant's medical diabetic condition that he was suffering from at the scene could have enhanced the breath test readings. | |
| Result: | The State Dropped the DUI. | |
| May 29, 2012 | Case: CT-006104-XFA | Judge Weis |
| Facts: | The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a .158 and .164 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: 2011-CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial contact with the defendant. In our motion, we alleged that the officer gave numerous commands (ie. shows of authority) to the defendant without probable cause or reasonable suspicion of a crime. Also, the video contradicted the officer's reports of his observations of the defendant's roadsides, speech pattern, and movements. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 22, 2012 | Case: 2011-MM-00922-A-M | Judge Becker |
| Facts: | The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana. | |
| Defense: | Parks & Braxton pointed out to the State pre-trial that the video tape of the defendant's roadside tests contradicted the officer's reports and the defendant's breath test level. | |
| Result: | The State Dropped the DUI and dismissed the possession of marijuana charge. | |
| May 22, 2012 | Case: 2011-MM-00922-A-M | Judge Becker |
| Facts: | The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana. | |
| Result: | The State Dropped the DUI and dismissed the possession of marijuana charge. | |
| May 22, 2012 | Case: 8374-XEE | Judge Miranda |
| Facts: | The defendant was stopped for speeding and driving in the wrong lane of travel. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he had four drinks. According to the officer's reports, he performed poorly on the roadside tests and was arrested for DUI. He then blew a .125 and .122 in the breath machine after his arrest. | |
| Result: | The State Dropped the DUI. | |
| May 21, 2012 | Case: 2012-CT-678-A-O | Judge Bell |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| May 21, 2012 | Case: 2012-CT-678-A-O | Judge Bell |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | Parks & Braxton were prepared and ready for trial. The video contradicted the officer's reports as to the defendant's performance on the field sobriety tests. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| May 17, 2012 | Case: CTC-11-5072XBNANC | Judge Vaccaro |
| Facts: | The defendant was stopped for speeding in a work zone. The officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was very off balance. She refused to participate in field sobriety exercises and was arrested for DUI. She then refused the breath test. This was the defendant's Third DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation gathering evidence from the jail booking area which showed the defendant being tased for no reason, strapped into a chair, and thrown into a locked room. This corroborated her story that the officers were very aggressive towards her during the entire DUI investigation. We showed this to the State the before the trial date along with pictures of the defendant's injuries caused by being tased. | |
| Result: | On the morning of Jury Trial, the State dropped the DUI. | |
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