| Apr 1, 2011 | Case: 10-CT-504136 | Judge Gagliardi |
| Facts: | The defendant was stopped for not having his license plate illuminated. The officer observed an odor of alcohol, slurred speech, and watery eyes. His movements were slow and he almost fell to the ground. According to the officer, he failed the roadside tests. For example, on the walk and turn, he missed heel to toe and stepped off the line. He was arrested for DUI and then blew .101 and .104 in the breath machine. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
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OUR RECENT DUI VICTORIES
| Mar 30, 2011 | Case: 2010-CT-016854-A-0 | Judge Brewer |
| Facts: | The defendant was stopped for weaving on the roadway in his ATV. The officer observed a flushed face, swaying, staggering, and watery eyes. The defendant was unable to stand so for safety reasons no roadsides were conducted. The officer arrested the defendant for DUI believing he was impaired by a chemical and/or controlled substance. | |
| Result: | The State Dismissed the DUI. | |
| Mar 30, 2011 | Case: 2011-CT-000064 (JURY TRIAL) | Judge Epperson |
| Facts: | The defendant was stopped for making a wide right turn, cutting across three lanes of traffic, and weaving for four to five miles. The officer who made the traffic stop observed an odor of alcohol, very slurred speech, and bloodshot eyes. He then called for a DUI Task Force Officer. That officer, who is also a Drug Recognition Expert, arrived and conducted a DUI investigation. He observed an odor of alcohol, swaying, and red/glossy eyes. The defendant performed roadsides which were video taped at the scene. According to the DUI Task Force Officer, he performed poorly and was arrested for DUI. After his arrest, he was on tape in the patrol car cursing and stating he wished the officers were dead. He then refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty in five minutes. | |
| Mar 25, 2011 | Case: 2010-CT-028545AXX | Judge Damico |
| Facts: | The defendant was found by the police passed out in his car at a turn lane where the light was red. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had three to four beers. According to the officer's vague report, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 24, 2011 | Case: 10-000925MM10A | Judge Fry |
| Facts: | The defendant was stopped for driving at night without headlights. In addition, the vehicle was smoking heavily. The officer made some observations that are consistent with DUI and subsequently called for a DUI task force deputy. The deputy observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The deputy than had the defendant perform several field sobriety tests on video. The defendant was arrested for DUI and blew a .112 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2011 | Case: 2010-MM-011073-A | Judge Schott |
| Facts: | The defendant was found by police with his car pressed up against a stop sign. The officer noticed an odor of alcohol, red eyes, and slurred speech. There was also beer in the car. At the scene, he performed poorly on roadside tests and was arrested for DUI. Back at the station, and after his arrest, he performed the roadsides again on video tape. | |
| Result: | The State Dropped the DUI. | |
| Mar 18, 2011 | Case: 07-028028MM10A | Judge Ross |
| Facts: | The defendant was stopped for failing to yield while cutting off a police officer. The stopping officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The officer then called for a DUI task force deputy. After making the same observations the deputy had the defendant perform field sobriety tests. Subsequent to his performance, the defendant was arrested for DUI. | |
| Result: | The DUI was subsequently Dismissed. | |
| Mar 10, 2011 | Case: CT-009264-XEF | Judge Lefler |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, bloodshot eyes, slow movements, and at times his speech was not coherent. He refused the roadside tests on video and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 10, 2011 | Case: CT-003308-XGA | Judge Lefler |
| Facts: | The defendant was found passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and he appeared very lethargic. According to the officers, he failed the roadside tests. For example, on the walk and turn test, he stumbled on the turn and stepped off the line. On the one leg stand, he put his foot down, hopped and used his arms for balance. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Mar 3, 2011 | Case: 10-002891MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for speeding (64mph in a 40mph zone). Contact was made with the defendant and the officer observed slurred speech, bloodshot eyes and a strong odor of alcohol. The defendant admitted to drinking 4 Heinekens. The defendant allegedly performed poorly on the walk and turn, one leg stand, as well as the finger to nose test. The defendant was subsequently arrested for DUI. This was the defendant's 2nd DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2011 | Case: 2010-CT-103186 | Judge Kelly |
| Facts: | The defendant was found by police passed out in his vehicle. The officer observed loud speech, bloodshot eyes, and an odor of alcohol. He was also leaning against the car for support and stated he had three beers. According to the officer, he performed poorly on the video taped roadside tests. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Mar 1, 2011 | Case: 2010-MM-005497A | Judge Woodard |
| Facts: | The defendant was stopped for speeding. The officers observed an odor of alcohol, bloodshot eyes, and unsteadiness. They also noticed thick tongued speech and swaying. The defendant refused to do the roadside tests. After his arrest for DUI, he refused the breath test. | |
| Result: | On the day of jury trial, the State Dropped he DUI. | |
| Feb 28, 2011 | Case: 8184-XEE | Judge Krieger-Martin |
| Facts: | The defendant was stopped for making an improper turn by driving over the median. Officers observed an odor of alcohol, bloodshot eyes, and low speech. The defendant performed the roadside tests at the request of the officer. For example, on the finger to nose, he did not remove his finger from his nose and missed the tip of his nose. On the walk and turn, he paused to regain his balance and raised his arms for balance. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Feb 24, 2011 | Case: 2010-MM-011381A | Judge Herr |
| Facts: | The defendant was found passed out in his car on the grass next to the roadway. The officer approached the car and ordered the defendant out of the car upon awaking him. The officer then noticed an odor of alcohol, thick tongued speech, a confused look, and he almost fell to the ground. The defendant could not perform the roadside tests due his intoxicated condition. He was arrested for DUI and then blew a .222 and .223 in the breath machine. | |
| Result: | The Judge Granted the motion and threw out all the evidence. The State then Dismissed the DUI. | |
| Feb 24, 2011 | Case: 10-CT-5376 | Judge Epperson |
| Facts: | The defendant was stopped by police after his wife called police that he was drunk and they had a verbal argument. The officer noticed an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Feb 23, 2011 | Case: 09-007940MM10A (JURY TRIAL) | Judge Brown |
| Facts: | The defendant was stopped for driving at a high rate of speed and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the car, the defendant was uneasy on his feet, and used the car for support. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 23, 2011 | Case: 2010-CT-019242AXXX (JURY TRIAL) | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used the door for balance while exiting the car and was slow in his responses to the officer. He performed roadside tests at the request of the officer. For example, on the leg stand, he put his foot down and swayed. On the walk and turn, he missed heel to toe, stumbled on the turn, took an incorrect number of steps, and used his arms for balance. On the alphabet test, he mixed up all the letters after the letter "W". He was arrested for DUI and then refused the breath test. | |
| Result: | The Jury found the Defendant Not Guilty. | |
| Feb 22, 2011 | Case: 08-025738MM10A | Judge Brown |
| Facts: | The defendant was found passed out in his car by the police in a parking lot. The officers, upon waking up the defendant, noticed an odor of alcohol, watery eyes, and slow speech. The defendant stated he drank three mixed drinks. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .107 and .101 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 3, 2011 | Case: CT-000151-XEH | Judge Dominguez |
| Facts: | The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jan 31, 2011 | Case: 48-2009-CT-001342 | Judge Ansbro |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
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