| 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. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jan 11, 2012 | Case: CT-004754-XEP | Judge Myers |
| Facts: | The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation which revealed that the video tape in question had been lost and/or destroyed. The officer had written a very vague report describing the tests as they were supposed to have all been on video. | |
| Result: | Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI. | |
| Jan 11, 2012 | Case: 7194-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 11, 2012 | Case: 48-2011-CT-006718-AOX (JURY TRIAL) | Judge Bigney |
| Facts: | The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine. | |
| Result: | In the middle of Jury Trial, the State Dropped the DUI. | |
| Jan 10, 2012 | Case: 2011-44267MMAES | Judge Beck |
| Facts: |
The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest. Defense Parks & Braxton prepared the case for trial. |
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| Result: | The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped. | |
| Jan 10, 2012 | Case: 10-011921MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving. | |
| Defense: | Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 10, 2012 | Case: 2011-CT-009222AXXX | Judge Higbee |
| Facts: | The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit). | |
| Defense: | Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion. | |
| Result: | The State Dropped the DUI. | |
| Jan 9, 2012 | Case: 09-012353MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing. | |
| Defense: | Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window. | |
| Result: | The motion to suppress was granted. The DUI was Dismissed. | |
| Jan 8, 2012 | Case: 5606-CZO | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 6, 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. | |
| Result: | The State Dropped the DUI. | |
| Jan 5, 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. | |
| Defense: | Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges. | |
| Result: | The Defendant received No DUI conviction on his record. | |
| Jan 4, 2012 | Case: 0021-XBU | Judge Seraphin (JURY TRIAL) |
| 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. | |
| Defense: | At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Jan 3, 2012 | Case: 5970-XEM | Judge Ortiz |
| Facts: | The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine. | |
| Defense: | On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash. | |
| Result: | The DUI was Dismissed. | |
| Jan 2, 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. | |
| Result: | The State Dropped the DUI. | |
| Dec 16, 2011 | Case: 08-20173MM10A | Judge Murphy |
| Facts: | The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine. | |
| Result: | Both motions were granted. The DUI was Dismissed. | |
| Dec 12, 2011 | Case: CT-007709-XEF | Judge Jeske |
| Facts: | The defendant was stopped for weaving and rubbing against the curb. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking. According to the officer, he performed field sobriety tests, did not performed up to standards, and was arrested for DUI. After his arrest, he blew a .163 and .176 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Dec 12, 2011 | Case: 3269-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for making an illegal U-Turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Dec 12, 2011 | Case: 2011-MM-006916-A | Judge Herr |
| Facts: | The defendant was stopped for weaving all over the road at least twelve times and almost striking another vehicle. The officers observed an odor of alcohol, red eyes, slurred speech, and tripping as he got out of the car. He performed poorly on the roadside tests. For example, on the one leg stand, he used his arms for balance, put his foot down more than one time, and swayed. He was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Dec 10, 2011 | Case: CT-007421-XEY | Judge Mcneil |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, watery eyes, and he fumbled with his materials in the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Dec 9, 2011 | Case: 4463-XDY | Judge Denaro |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and watery eyes. According to the DUI officer, he could not perform the roadside tests at all due to his level of intoxication and was arrested for DUI. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
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