| 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. | |
| Result: | On the morning of Jury Trial, the State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| May 16, 2012 | Case: 59-2011-MM-012626AXXX | Judge Schott |
| Facts: | <p>The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test.</p> | |
| Defense: | <p>Parks & Braxton filed a motion to suppress the initial contact between the officer and the defendant. In our our motion, we alleged that the officer's initial use of her emergency lights constituted an unlawful seizure.</p> | |
| Result: | <p>Based upon the motion, the State Dropped the DUI.</p> | |
| May 16, 2012 | Case: 59-2011-MM-012626A | Judge Schott |
| Facts: | The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | Based upon the motion, the State Dropped the DUI. | |
| May 15, 2012 | Case: 05-2011-CT-050106-AXXX | Judge Baker |
| Facts: | The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks and Braxton were prepared and were ready for trial. The firm pointed out to the State prior to trial that the defendant had no "capabilty" of operating the vehicle. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| May 15, 2012 | Case: 05-2011-CT-050106-AXXX | Judge Baker |
| Facts: | The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| May 11, 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. | |
| Defense: | Parks & Braxton pointed out to the State in a pre-trial investigation that they could not place the defendant in actual physical control of the car at the time of the crash as required by Florida law. | |
| 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. | |
| May 9, 2012 | Case: CT-004911-XGA | Judge Myers |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| May 8, 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. | |
| Defense: | Parks & Braxton prepared and were ready for Trial. | |
| Result: | On the morning of Jury Trial, the State Dropped the DUI. | |
| May 7, 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. | |
| Result: | The State dropped the DUI. | |
| May 6, 2012 | Case: 7457-XEE | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, mush mouthed speech, and a blank "1000 yard" stare. The defendant stumbled and used the door for support. He performed poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .149 and .132 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 1, 2012 | Case: 2011-CT-02041-A-K | Judge Fowler |
| Facts: | The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test. | |
| Result: | The Defendant received No DUI conviction on his record. | |
| Apr 27, 2012 | Case: 2011-CT-036472AXXX | Judge Damico |
| Facts: | The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI. | |
| Defense: | Parks & Braxton took a pre-trial deposition of the arresting officer. At the deposition, we established the defendant had no "capability" of operating the motor vehicle while sleeping. | |
| Result: | The State Dropped the DUI. | |
| Apr 27, 2012 | Case: 2011-CT-036472AXXX | Judge Damico |
| Facts: | The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 19, 2012 | Case: 10-012936MM10A | Judge Solomon |
| Facts: | The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 19, 2012 | Case: 10-012936MM10A | Judge Solomon |
| Facts: | The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI. | |
| Defense: | Parks & Braxton took a pre-trial deposition of the arresting officer. In that deposition, we established through detailed questioning that the impairment the defendant exhibited could have been due to the crash along with her numerous prior injuries versus alcohol. She told the police on tape about numerous back injuries she suffered from prior the officer administering the tests. | |
| Result: | The State Dropped the DUI. | |
| Apr 18, 2012 | Case: 05-2010-CT-053446AXXX | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI. | |
| Defense: | Prior to trial, Parks & Braxton obtained medical records from the defendant and presented them to the State. The records indicated that the defendant's impairment was due to a medical condition versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Apr 18, 2012 | Case: 48-2012-CT-001373-O | Judge Clark |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine. | |
| Defense: | Parks & Braxton announced ready for jury trial. | |
| Result: | On the morning of trial the State Dropped the DUI. | |
| Apr 18, 2012 | Case: 05-2010-CT-053446AXXX | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 18, 2012 | Case: 48-2012-CT-001373-O | Judge Clark |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine. | |
| Result: | On the morning of trial the State Dropped the DUI. | |
| Apr 17, 2012 | Case: 10-004500MM10A | Judge Lerner-Wren |
| Facts: | The defendant was pulled over for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant exhibited slow and lethargic movements and could not seem to put the car in park. The defendant was asked to exit the car for purposes of a DUI investigation. The defendant stated over and over "I do not want to do this" and refused the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for jury trial. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
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