| Dec 8, 2011 | Case: 2010-CT-008976-O | Judge Shoemaker |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, glassy eyes, and she stated she drank two beers. According to the officer, she did not perform well on the field sobriety tasks and was arrested for DUI. After her arrest, she blew a .110 and .114 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Dec 8, 2011 | Case: 2011-CT-015212ASB | Judge Castor |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and a blank stare. He exhibited slow dexterity and spoke in incoherent sentences. The defendant refused the roadside tests and was arrested for DUI. All of the alleged above was captured on video tape. | |
| Result: | The State Dropped the DUI. | |
| Dec 7, 2011 | Case: 11000195CTMA | Judge Christine |
| Facts: | The defendant crashed his car into a curb and some shrubbery. The officer noticed an odor of alcohol, glassy eyes, and an inability to maintain his balance. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 30, 2011 | Case: CT-004649-XEP | Judge Courtney |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he blew a .147 and .142 in the breath machine. This was the defendant's Second DUI. | |
| Result: | The State Dropped the DUI. | |
| Nov 29, 2011 | Case: 11-005928MM10A | Judge Fry |
| Facts: | The defendant was stopped at a light in the right turn only lane. The defendant crossed over three lanes and made a left turn from the right lane. The officer that stopped the defendant observed an odor of alcohol, a flushed face and bloodshot eyes. On video the defendant performed the HGN (eye test), walk and turn, one leg stand and the finger to nose test. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI. He subsequently blew a .097 in the breath machine. | |
| Result: | The DUI was dropped on the day of the motion to suppress. | |
| Nov 29, 2011 | Case: 2011-CT-000872-A-E | Judge Jewett |
| Facts: | The defendant was involved in a one car crash. When officers arrived, they noticed smoke and debris coming from the immediate area around the defendant's car. The defendant was then placed in the back of another officer's car for an extended period of time to await another officer. Once that other officer arrived, he made several DUI observations including the defendant having an odor of alcohol, stumbling and falling over into a patrol car, and he admitted drinking. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .157 and .153 in the breath machine. This was the defendant's Second DUI. | |
| Result: | The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI. | |
| Nov 22, 2011 | Case: CT-004713-XEP | Judge Jeske |
| Facts: | The defendant was stopped for driving with no headlights and weaving. The officer observed an odor of alcohol and bloodshot eyes. According to the officer, she was unsteady on her feet. She refused the roadside tests and was arrested for DUI. She then refused the breath. | |
| Result: | The State Dropped the DUI. | |
| Nov 21, 2011 | Case: 2010CT002594-A-O | Judge Ansbro |
| Facts: | The defendant was initially observed weaving from lane to lane. Next, the officer observed the defendant make an abrupt u-turn while screeching his tires. Finally, the officer clocked the defendant going 57mph in a 35 mph zone. After stopping the defendant, the officer observed an odor of alcohol and bloodshot eyes. Based on these observations the officer asked the defendant to perform field sobriety tests. On the walk and turn test the defendant started early and failed to walk heel to toe. On the one leg stand the defendant swayed and used his arms for balance. The defendant was arrested for DUI and refused to submit to a breath test. | |
| Result: | The DUI was dismissed. | |
| Nov 18, 2011 | Case: 09-029268MM10A | Judge Brown |
| Facts: | The defendant was observed passed out behind the wheel with the keys in the ignition and the engine running. An open bottle of beer was observed in the center console. The officer also observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant staggered as he exited the vehicle. Upon questioning, he admitted to drinking four or five beers and then performed several field sobriety tests. For example, on the walk and turn test, he failed to touch heel to toe and stepped off the line several times. On the finger to nose test, he failed to touch the tip of his nose with the the tip of his index finger. The officer subsequently located an open pint of rum that was about 5/6 empty. He was then arrested for DUI. | |
| Result: | The State conceded the motion and then Dropped the DUI. | |
| Nov 16, 2011 | Case: 09-018397MM10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a traffic crash whereby he hit a tree and his vehicle was upside down. Two officers arrived on scene and observed an extremely strong odor of alcohol coming from the defendant. The defendant was slurring his words, was unsteady, and admitted to drinking six beers. The defendant was asked to perform field sobriety tests and he refused. He was placed under arrest for DUI and then subsequently kicked one of the officers and was charged with battery on a law enforcement officer as well as refusal to submit to DUI testing. | |
| Result: | The State conceded the motion to suppress, Dropped the DUI, Battery charges, and refusal to submit to testing. | |
| Nov 14, 2011 | Case: 2390-XBG | Judge Ortiz |
| Facts: | The defendant was the at fault driver in a rear end collision. The officers, upon arrival, observed the defendant to have an odor of alcohol, slow. slurred speech, and a flushed face. Due to the defendant's level of impairment, she was unable to complete any of the field sobriety exercises other than the finger to nose to which she showed several signs of intoxication. She was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Nov 14, 2011 | Case: 3014-XED | Judge Miranda |
| Facts: | The defendant was found by police passed out in a parked car on a sidewalk. The officer noticed an odor of alcohol, mumbled/slurred speech, and watery eyes. He performed very poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .145 and .148 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Nov 10, 2011 | Case: F10-019490 | Judge Colodny |
| Facts: | The defendant was stopped by police for weaving, driving all over the road, and making cars take evasive action. Once stopped, the officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. He refused to perform the roadside tests and was arrested for DUI, Felony Agggravated Assault with a Deadly Weapon (ie. a car), and possession of marijuana which was found in the car. He then refused the breath test. | |
| Result: | The State Dropped the DUI, dismissed the possession of marijuana charge, and amended the felony charge to a misdemeanor assault. | |
| Nov 10, 2011 | Case: 2849-XDQ | Judge Seraphin |
| Facts: | The defendant was stopped for running a red light and almost broad-siding another car. The officer observed an odor of alcohol, slow speech, and he appeared to be disoriented. He failed the roadside tests and was arrested for DUI. | |
| Result: | On the morning of Jury trial, the State Dropped the DUI. | |
| Nov 7, 2011 | Case: CT-006410-STF | Judge Lefler |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. Since he was transported to the hospital, a breath test was not practical and neither were roadside tests. A blood draw was ordered and the results of the defendant's blood alcohol content were .110 and .109. He was arrested and charged with DUI. | |
| Result: | The DUI was Dropped. | |
| Nov 2, 2011 | Case: 2010-CT-032265AXXX | Judge Castor |
| Facts: | The defendant was involved in crash whereby he hit the back of a police car which was on a traffic stop. The officer noticed an odor of alcohol, red/ glassy eyes, a bottle of tequila in the car, and balance problems. The defendant performed very poorly on roadside tests which were video taped. He was then arrested for DUI. | |
| Result: | Prior to the motion hearing, the State Dropped the DUI. | |
| Oct 28, 2011 | Case: 11-CT-500650 | Judge Mann |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. A DUI investigator was called to the scene and made similar observations. He was asked by the DUI officer if he had anything to drink and the defendant stated nothing at all. When he exited the car, he used the door for balance. He was then asked to perform field sobriety tests and he refused. He was then arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Oct 27, 2011 | Case: 10-11893MM10A | Judge Brown |
| Facts: | The defendant was stopped for driving too slow and obstructing traffic. The initial officer observed a strong odor of alcohol and glassy watery eyes. He then observed the defendant having trouble exiting the vehicle and almost fell onto the street. The DUI officer made the same observations and administered several sobriety tests. After the walk and turn and one leg stand the defendant was arrested for DUI. | |
| Result: | On the morning of the motion the State dropped the DUI. | |
| Oct 25, 2011 | Case: 11-CT-000890000AKW (JURY TRIAL) | Judge Miller |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. There were open containers of alcohol in the the car and the defendant admitted to having three to four drinks prior to driving. According to the officer, the defendant admitted that she may have been impaired, but was sober enough to drive home. According to the officer, she failed the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The Jury found the Defendant Not Guilty. | |
| Oct 24, 2011 | Case: 10-027224MM10A | Judge Ross |
| Facts: | The defense rear-ended another vehicle resulting in a three car crash. The first officer conducted the accident investigation and turned the DUI investigation over to another officer. The second officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed several field sobriety tests including the one leg stand and the walk and turn test. On the one leg stand test the defendant failed to keep his foot off the ground and used his arms for balance. On the walk and turn test he stepped off the line several times and failed to touch heel to toe several times. The defendant was arrested for DUI and refused to submit to a breath test. | |
| Result: | The motion was Granted and all of the evidence was thrown out. The DUI was dropped. | |
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