| 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. | |
| 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
| Apr 16, 2012 | Case: 7164-XEX | Judge Ortiz |
| Facts: | The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. | |
| Result: | On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI. | |
| Apr 16, 2012 | Case: 7164-XEX | Judge Ortiz |
| Facts: | The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI. | |
| Apr 12, 2012 | Case: 2012-39354MMAES | Judge Davidson |
| Facts: | The defendant was stopped for driving without head lights after dark. The officer observed an odor of alcohol, slurred speech, and dilated pupils. He also observed bloodshot eyes and she used the vehicle for support. According to the officer, she failed the video taped roadsides. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 12, 2012 | Case: 2012-CT-041996AXXX | Judge Baker |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy eyes. A bottle of rum was found in the car. According to the officer she failed the video taped roadside tests. After her arrest for DUI, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 10, 2012 | Case: 2012-CT-96-AXXXXX | Judge Carr |
| Facts: | The defendant was stopped for significant and continuous weaving in and out in his lane. The officer observed an odor of alcohol, red eyes, and slurred speech along with a heavy eastern European accent. The defendant explained the way he was driving to the officer in that he was arguing with his wife over directions and using the GPS. The defendant was asked to perform roadside tasks on video tape which he refused and then was arrested or DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared and were ready for jury trial. The firm pointed out to the State that the video tape was in conflict with officer's observations in his reports. We told the State that the alleged indicators of impairment used in the officer's decision to arrest our client were clearly based upon the client's accent, inability to understand English, and communicate properly with the officer. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Apr 10, 2012 | Case: 2011-CT-003803 | Judge Crown |
| Facts: | The defendant was stopped for speeding and making a wide turn. The officer noticed an odor of alcohol, slow dexterity, and red/watery eyes. The defendant admitted to drinking a few beers and wine. On the roadside tasks, the defendant had difficulty balancing and was unsteady. He was then arrested for DUI. After his arrest, he blew a .084 and .082 in the breath machine. | |
| Result: | On the morning of the jury trial date, the State Dropped the DUI. | |
| Apr 10, 2012 | Case: 3456-XDK | Judge Hague |
| Facts: | The defendant was stopped for failing to maintain a single lane while affecting other traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the walk and turn test poorly, the defendant refused further roadside testing and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 10, 2012 | Case: 9270-XEQ | Judge Hague |
| Facts: | The defendant was stopped for peeling out his tires while making a left turn and almost hitting other cars. The defendant had an odor of alcohol, slow speech, and watery eyes. He admitted to drinking six bottles of beer. According to the officer, he did not perform up to standards on the roadside tasks and was arrested for DUI. After his arrest, he blew a .192 and .191 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 9, 2012 | Case: 0085-XER | Judge Krieger-Martin |
| Facts: | The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test. | |
| Defense: | Parks & Braxton prepared and filed motions to suppress. In one motion, we argued all the defendant's statements at the crash scene should be suppressed as they were obtained in violation of the accident report privilege. We also filed another motion to exclude the defendant's refusal to take the roadside tests. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Apr 9, 2012 | Case: CT-6221-XFA | Judge Weis |
| Facts: | The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI. | |
| Defense: | Parks & Braxton prepared the case for trial and also pointed out to the State that almost none of the DUI investigation was captured on the in-car video camera at the scene. | |
| Result: | The State Dropped the DUI. | |
| Apr 9, 2012 | Case: 6691-XDX | Judge Seraphin |
| Facts: | The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Apr 3, 2012 | Case: CT-7276-GWJ | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired on the video tape. | |
| Result: | The DUI was Dismissed. | |
| Apr 1, 2012 | Case: 0021-XBU (JURY TRIAL) | Judge Seraphin |
| Facts: | The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Mar 29, 2012 | Case: 2011-CT-6398-XBN | Judge Roberts |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that almost every observation that the officer made in his written reports were contradicted by the video tape. | |
| Result: | The DUI was Dismissed. | |
| Mar 29, 2012 | Case: 2011-CT-6398-XBN | Judge Roberts |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: CT-253597-X | Judge Dominguez |
| Facts: | The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions. | |
| Defense: | Parks & Braxton prepared the case for trial. The State could not prove which specific chemical and/or controlled substance impaired the defendant as required by Florida Law. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: 11-005676MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress based on coercion to perform the field sobriety tests. Specifically, the defense alleged that the Trooper made an improper statement while requesting the defendant to perform field sobriety tests. | |
| Result: | The State conceded the motion to suppress and dropped the DUI. | |
| Mar 28, 2012 | Case: 2012-CT-004929AXXX | Judge Castor |
| Facts: | The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer. | |
| Defense: | Prior to court, Parks & Braxton spoke to the prosecutors and pointed out that there was no witness who placed the defendant in actual physical control of the motor vehicle. Thus, pursuant to Florida Statute 901.15, the arrest for DUI was unlawful. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: CT-253597-X | Judge Dominguez |
| Facts: | The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions. | |
| Result: | The DUI was Dismissed. | |
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