| Oct 18, 2011 | Case: 2009-CT-018411-A-O | Judge Craner |
| Facts: | The defendant was stopped for running a red light. The officers observed an odor of alcohol, glassy eyes, slurred speech, and slow movements. The defendant used both hands while exiting the vehicle and was unsteady on his feet. He admitted to drinking two beers and then submitted to the roadside tasks which according to the officers he failed. He was then arrested for DUI. | |
| Result: | Based on the above, the State Dropped the DUI on the morning of trial. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Oct 17, 2011 | Case: 3406-XED | Judge Denaro |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred/confused speech, and a flushed face. She showed severe signs of impairment on all the field sobriety tests and was then arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | Based on the above, the State Dropped the DUI. | |
| Oct 14, 2011 | Case: 2010-CT-029597AXXX | Judge Damico |
| Facts: | The defendant was stopped for failing to maintain a single lane and driving 40 miles per hour in a 55 mile per hour zone. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. He was unsteady on his feet and appeared confused. The defendant showed major signs of impairment on the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .167 in the breath machine. This was the defendant's Third offense. | |
| Result: | The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI. | |
| Oct 8, 2011 | Case: 48-2011-CT-006847-O | Judge Plogstedt |
| Facts: | The defendant was stopped for speeding and drifting. The officer observed and odor of alcohol, she advised she drank beers, and she had red eyes. According to the officer, she performed poorly on the roadside tests which were video taped. She was then arrested for DUI. | |
| Result: | After announcing ready for jury trial, on the morning of trial the State Dismissed the DUI. | |
| Oct 8, 2011 | Case: 2011-CT-006831-O | Judge Plogstedt |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and she was swaying. The defendant admitted to drinking. According to the officer she performed poorly on the roadside tests which were video taped. For example, on the walk and turn, she lost her balance and stepped off the line. On the one leg stand, she raised her arms for balance and put her foot down. The defendant was arrested for DUI and then refused the breath test. | |
| Result: | On the morning of jury trial, the State Dismissed the DUI. | |
| Oct 5, 2011 | Case: 10-CT-00190801XXLD | Judge Griffin |
| Facts: | The defendant was stopped for weaving a couple of times. The officer observed and odor of alcohol, bloodshot eyes, and she admitted to drinking Long Island Iced Teas. She performed poorly on the field sobriety tests. For example, on the walk and turn, she lost her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and then refused the breath test. | |
| Result: | Prior to filing a motion to suppress, the State Dropped the DUI. | |
| Oct 2, 2011 | Case: 10-CM-015864 | Judge Conrad |
| Facts: | The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia. | |
| Result: | The DUI was Dropped and the drug charges were Dismissed. | |
| Oct 1, 2011 | Case: CT-000301-XEH | Judge Lefler |
| Facts: | The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Oct 1, 2011 | Case: 7815-XEJ | Judge Gayles |
| Facts: | The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana. | |
| Result: | On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations. | |
| Oct 1, 2011 | Case: 3210-XEJ | Judge Newman |
| Facts: | The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | On the day of trial and prior to arguing the motion, the State Dropped the DUI. | |
| Oct 1, 2011 | Case: 8071-XEE | Judge Schwartz |
| Facts: | The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI. | |
| Result: | On the day of trial, the DUI was dismissed based on the Statute of Limitations. | |
| Sep 28, 2011 | Case: CT-004244-XEP | Judge Dominguez |
| Facts: | The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162. | |
| Result: | The State Dropped the DUI. | |
| Sep 19, 2011 | Case: 2011-CT-019871AXXX | Judge Evans |
| Facts: | The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Sep 19, 2011 | Case: 4522-XDY | Judge Seraphin |
| Facts: | The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test. | |
| Result: | Just before jury selection, the State Dropped the DUI. | |
| Sep 15, 2011 | Case: CT-005157-XEP | Judge Greco |
| Facts: | The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 14, 2011 | Case: CT-002590-XEJ | Judge Mcneil |
| Facts: | The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 12, 2011 | Case: 09-025733MM10A | Judge Murphy |
| Facts: | The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI. | |
| Result: | The Court Granted the Motion to Dismiss. | |
| Sep 11, 2011 | Case: CT-005975-XBN | Judge Mcneil |
| Facts: | The defendant was stopped for weaving, driving to slow, and braking for no reason. The trooper observed an odor of alcohol, unsteadiness, and watery eyes. He performed poorly on the roadside tests according the trooper and was arrested for DUI. After his arrest, he blew a .145 and .142 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 11, 2011 | Case: CT-008938-SVI | Judge Lefler |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol and glassy eyes. The defendant had difficulty exiting the vehicle and used the car for support. He admitted to drinking two beers and one glass of wine. He refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 9, 2011 | Case: 11-012849MM10A | Judge NO JUDGE ASSIGNED |
| Facts: | The defendant was stopped for speeding and drifting. The Trooper observed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant admitted to drinking beer. He refused the roadside tests and the breath test. This was the defendant's Second DUI. | |
| Result: | The DUI was Dismissed pursuant to the rules of speedy trial. | |
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