| Jun 6, 2011 | Case: 7204-XDL | Judge Krieger-Martin |
| Facts: | The defendant was stopped at a roadblock checkpoint. The officers observed an odor of alcohol, glassy eyes, and fast speech. According to the officers, he failed the roadside tests and was arrested for DUI. He blew one breath result in the breath machine machine with a recording of a .102. This was the defendant's second DUI arrest. | |
| Result: | Prior to the motion, the State Dropped the DUI. This was the second DUI case we won for this client. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jun 6, 2011 | Case: CT-000244-XEX | Judge Jeske |
| Facts: | The defendant was stopped for having no running lights on the back of his car. The officer observed an odor of alcohol, bloodshot eyes, an admission of drinking, and swaying. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 31, 2011 | Case: 2010-CT-003782 | Judge Clark |
| Facts: | The defendant was found by police in his car which was stuck on the side of the road up against a median. The officers observed an odor of alcohol, slurred speech, and swaying. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .150 and .136 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| May 24, 2011 | Case: CT-009623-FXP | Judge Jeske |
| Facts: | The defendant was stopped for failing to yield to a pedestrian in a cross walk. The defendant appeared sluggish, droopy eyelids, glassy eyes, and slurred speech. The officer thought she was impaired by a chemical and/or controlled substance. She performed very poorly on roadside tests and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| May 13, 2011 | Case: 10-015435MM10A | Judge Murphy |
| Facts: | The defendant was involved in a crash. Both the crash investigator as well as the first officer on scene identified the defendant as the at-fault driver in the accident. The officers observed an odor of alcohol, bloodshot eyes as well as slurred speech. When asked for his license, he responded "I think I left it with my bar tab". An independent witness identified the defendant as the driver of the vehicle. Subsequently, a DUI officer was asked to conduct field sobriety tests. The defendant performed the one leg stand, walk and turn test, rhomberg balance as well as the finger to nose test. As a result of his poor performance on the roadside tests he was arrested for DUI. He subsequently blew a .220 in the breath machine. | |
| Result: | On the morning of the motion to suppress the State dropped the DUI. | |
| May 12, 2011 | Case: CT-3436-XGA | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking. The defendant refused the roadside tests was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 5, 2011 | Case: 10-016713MM10A | Judge Brown |
| Facts: | The defendant was involved in a crash where it was determined that he was the "at fault" driver. After speaking with civilian witnesses the officers observed an odor of alcohol, flushed face as well as bloodshot eyes. The defendant was also staggering outside of the vehicle. The officers administered the walk and turn, one leg stand as well as the finger to nose test. The defendant was unable to perform the tests almost falling to the ground. He was arrested and blew a .175 in the breath machine. | |
| Result: | The Judge Granted the motion. The DUI was DISMISSED. | |
| May 4, 2011 | Case: CT-0009454-XDY | Judge Conrad |
| Facts: | The police came upon the defendant's car in a ditch running, the car was in park, and the defendant was sleeping. The officer observed the defendant to have an odor of alcohol, used the car for support, and red eyes. According on the officer, she performed poorly on the field sobriety tests which were taped. She was then arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| May 4, 2011 | Case: CT-004219-XEV | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having a few drinks. The defendant used the car for balance and according to the officer performed poorly on the field sobriety tests. After his arrest for DUI, he blew a .112 and .117 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 25, 2011 | Case: 9627-XEX | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, low speech, and bloodshot eyes. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .117 and .121 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 25, 2011 | Case: 8309-XEE | Judge Wolfson |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The officer who made the traffic stop then called for a DUI officer. The defendant then performed the roadside tasks. He performed poorly and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 21, 2011 | Case: 09-020805MM10A | Judge Brown |
| Facts: | The defendant was observed by a deputy sheriff crashing her car into a concrete barrier. The deputy then called for a DUI officer to conduct the investigation. The DUI officer observed unsteadiness and bloodshot eyes. The defendant admitted to drinking and taking xanax. The defendant was placed on video at the breath alcohol testing facility and again admitted to taking xanax. She refused to submit to all testing. | |
| Result: | In the middle of the second officer's testimony the State agreed to drop the DUI. | |
| Apr 20, 2011 | Case: 2010-CM-019809 | Judge McNeil |
| Facts: | The defendant was seen by the police officer parked on the side of the road. The officer went up to the car and observed an odor of alcohol, slurred speech, and red eyes. She was also very unsteady on her feet. She performed very poorly the roadside tests on video tape and was arrested for DUI. While in the back of the patrol car, she started kicking out the back window and was also charged with criminal mischief along with DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI and dismissed the criminal mischief. | |
| Apr 20, 2011 | Case: CT-001506-FQE | Judge McNeil |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He performed three field sobriety tests. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand he swayed and put his foot down. The defendant was then arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Apr 15, 2011 | Case: 09-002439CTMA | Judge Christine |
| Facts: | An anonymous call went out over dispatch that the defendant was driving all over the road. The officer spotted the defendant pulling into a rest stop. A traffic stop was conducted. The officer noticed an odor of alcohol, slurred/mumbled speech, and swaying once out of the car. He had to use the car for balance. He refused the field tests and was arrested for DUI. | |
| Result: | Since there was no corroboration of the driving pattern, the State Dropped the DUI. | |
| Apr 14, 2011 | Case: 10-007617 | Judge Gottleib |
| Facts: | The defendant was stopped for speeding. The stopping officer observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. Based on those observations he contacted another officer to conduct the DUI investigation. The DUI officer arrived and conducted several field sobriety tests. On the one leg stand the defendant hopped and dropped his foot 2 times. On the finger to nose test, he failed to touch his nose on every attempt. On the walk and turn test he failed to walk heel to toe and stepped off the line. He was arrested for DUI and refused to provide a breath test. The defendant had his son in the car and was charged with an enhanced DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2011 | Case: 10-021829MM10A | Judge Gottleib |
| Facts: | The defendant was the at fault driver in a traffic crash. The first officer made observations that were consistent with impairment from alcohol. A DUI task force deputy was called to the scene who observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, the defendant seemed lethargic on video. The defendant performed the HGN (eye test), Walk and turn, as well as the finger to nose test. On The walk and turn test the defendant missed heel to toe, started to soon and took too many steps in both directions. On the finger to nose test the defendant missed the tip of his nose on 5 of the 6 attempts. He was arrested for DUI and refused to submit to a breath test. | |
| Result: | In a meeting with the Prosecutor, the State agreed to drop the DUI. | |
| Apr 5, 2011 | Case: 10-004349MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant was passed out in his vehicle with the keys in the ignition and the engine running. There was a bottle of crown royal whiskey in the passenger seat. The officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant was asked to perform a series of field sobriety tests. On video the defendant performed the one leg stand, walk and turn, HGN (eye test) as well as the finger to nose test. The defendant failed each test. The defendant was arrested for DUI and asked to provide a breath test. He responded by saying "F no, I'm gonna beat you in court". | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Apr 4, 2011 | Case: CT-005917-XEC | Judge Jeske |
| Facts: | The defendant was stopped for having no headlights on. The officers observed an odor of alcohol, glassy eyes, and thick tongued speech. According to the officers, he performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Apr 4, 2011 | Case: 3492-XEJ | Judge Seraphin |
| Facts: | The defendant was found passed out in his car by police in a parking lot. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant was confused, disoriented, and unsteady. On video, he performed very poorly on the field sobriety tests. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
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