| Aug 1, 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. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jul 30, 2012 | Case: CT-009660-XEG | Judge Greco |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine. | |
| Result: | The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI. | |
| Jul 27, 2012 | Case: 12-CT-501836 | Judge Hayes |
| Facts: | The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine. | |
| Defense: | Parks & Braxton were prepared for trial. | |
| Result: | The State Dropped the DUI. | |
| Jul 27, 2012 | Case: 3823-XED | Judge Wolfson |
| Facts: | The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jul 25, 2012 | Case: CTC11-6024XDVANC-L | Judge Vaccaro |
| Facts: | The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession. | |
| Result: | The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years. | |
| Jul 5, 2012 | Case: 5834-XEM | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, she was falling asleep, slurred speech, and bloodshot eyes. The defendant admitted that she felt the effects of the alcohol at the time of driving. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .129 and .128 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Jul 2, 2012 | Case: 2011-CT-022698AXXX | Judge Evans |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed slurred/mumbled speech, an odor of alcohol, and unsteadiness exiting the vehicle. The defendant admitted to having a couple of drinks. According to the arresting officer, he did not perform up to standards on the roadside tests which were video taped and then he was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2117-XAZ | Judge Seraphin |
| Facts: | The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jun 27, 2012 | Case: 2012-CT-003478AXXX | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test. | |
| Defense: | Parks & Braxton prepared the case and announced ready for trial. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Jun 22, 2012 | Case: 2011-MM-011427-A | Judge Schott |
| Facts: | The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI. | |
| Jun 21, 2012 | Case: 810-183MM10A | Judge Cowart |
| Facts: | The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Defense: | Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape. | |
| Result: | The State Dropped the DUI. | |
| Jun 21, 2012 | Case: 10-183MM10A | Judge Cowart |
| Facts: | The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Result: | The State Dropped the DUI. | |
| Jun 19, 2012 | Case: 4380-XDY | Judge Miranda |
| Facts: | The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 19, 2012 | Case: 8419-XEX | Judge Miranda |
| Facts: | The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 1, 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. | |
| Defense: | Parks & Braxton took a pre-trial deposition of the arresting officer. In deposition, we pointed out that the officer never even checked to see if there was any paint transfer from the dumpster to the car. Also, it was brought out during questioning that the defendant performed much better on the roadside tests than described in the reports as the officer wrote a very vague report with hardly any details. The officer also could not remember many specifics. | |
| Result: | The State Dropped the DUI. | |
| May 29, 2012 | Case: 2011-CT-006104-XFA | Judge Weis |
| Facts: | The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a.158 and .164 in the breath machine | |
| Defense: | Parks & Braxton pointed out to the State that the majority of the driving pattern on video tape showed no erratic driving. Also, the machine the defendant blew into had prior maintenance problems. Further, we pointed out to the State that the defendant's medical diabetic condition that he was suffering from at the scene could have enhanced the breath test readings. | |
| Result: | The State Dropped the DUI. | |
| May 29, 2012 | Case: CT-006104-XFA | Judge Weis |
| Facts: | The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a .158 and .164 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: 2011-CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial contact with the defendant. In our motion, we alleged that the officer gave numerous commands (ie. shows of authority) to the defendant without probable cause or reasonable suspicion of a crime. Also, the video contradicted the officer's reports of his observations of the defendant's roadsides, speech pattern, and movements. | |
| Result: | The State Dropped the DUI. | |
| May 23, 2012 | Case: CT-006100-XFA | Judge Dominguez |
| Facts: | The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| May 22, 2012 | Case: 8374-XEE | Judge Miranda |
| Facts: | The defendant was stopped for speeding and driving in the wrong lane of travel. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he had four drinks. According to the officer's reports, he performed poorly on the roadside tests and was arrested for DUI. He then blew a .125 and .122 in the breath machine after his arrest. | |
| Result: | The State Dropped the DUI. | |
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