| Feb 17, 2012 | Case: 2011-CT-014367-A-O | Judge Freeman |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana. | |
| Result: | The DUI was Dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Feb 15, 2012 | Case: CT-000496-XEH | Judge Greco |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine. | |
| Defense: | Parks & Braxton prepared the case for trial. We also pointed out to the State that the video tape at the scene contradicted the defendant's breath alcohol level. | |
| Result: | The State Dropped the DUI. | |
| Feb 15, 2012 | Case: CT-000496-XEH | Judge Greco |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 13, 2012 | Case: 05-2011-CT-035417AXXX-XX | Judge Garagozlo |
| Facts: | The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine. | |
| Defense: | The video contradicted the officer's reports as to the defendant's alleged performance on the roadside tests. Also, with the .02 margin of error in the breath machine, the firm pointed out that the defendant's breath results could have been under the legal limit. | |
| Result: | The State Dropped the DUI. | |
| Feb 13, 2012 | Case: 05-2011-CT-035417AXXX-XX | Judge Garagozlo |
| Facts: | The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 11, 2012 | Case: 5700-XEM | Judge Krieger-Martin |
| Facts: | The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 10, 2012 | Case: 2011-CT-021205AXXX | Judge Castor |
| Facts: | The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | A week prior to the trial date, the State Dropped the DUI. | |
| Feb 10, 2012 | Case: 2011-CT-025550AXXX (JURY TRIAL) | Judge Damico |
| Facts: | The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. After his arrest for DUI, he refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 7, 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. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Feb 3, 2012 | Case: 05-2011-CT-037416-AXXX-XX | Judge Atkin (JURY TRIAL) |
| Facts: | The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years. | |
| Defense: | At jury trial, Parks & Braxton argued that the defendant was asleep in his car because he worked long hours. The defendant testified to this fact. The firm also argued that the video contradicted the arresting officer's testimony as it related to the defendant's performance on the tests. Furthermore, we also pointed out to the the jury many conflicts in the evidence and that the officers had stated many times they did not recall specific facts upon cross examination. | |
| Result: | During jury deliberations, the State Dropped the DUI. | |
| Feb 1, 2012 | Case: CT-003222-XGA | Judge Dominguez |
| Facts: | The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 27, 2012 | Case: 2011-CT-008973AXXX | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. A pre-trial deposition of the arresting officer was taken prior to the trial date. | |
| Result: | After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI. | |
| Jan 27, 2012 | Case: 2011-CT-008973AXXX | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI. | |
| Jan 24, 2012 | Case: 11-CT-504843 | Judge Gonzalez |
| Facts: | The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 24, 2012 | Case: 11-CT-504843 | Judge Gonzalez |
| Facts: | The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. The reports were very vaguely written as it related to the defendant's performance on the tests and there was no video tape at the scene. | |
| Result: | The State Dropped the DUI. | |
| Jan 23, 2012 | Case: 1371-XEU | Judge Newman |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge. | |
| Jan 23, 2012 | Case: 1371-XEU | Judge Newman |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test. | |
| Result: | On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. 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. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State after taking a pre-trial deposition and watching the video tape, that there was no corroboration of the driving pattern by police as required by law. | |
| Result: | The State Dropped the DUI. | |
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