| May 22, 2012 | Case: 2011-MM-00922-A-M | Judge Becker |
| Facts: | The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana. | |
| Result: | The State Dropped the DUI and dismissed the possession of marijuana charge. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| May 21, 2012 | Case: 2012-CT-678-A-O | Judge Bell |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | Parks & Braxton were prepared and ready for trial. The video contradicted the officer's reports as to the defendant's performance on the field sobriety tests. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| May 17, 2012 | Case: CTC-11-5072XBNANC | Judge Vaccaro |
| Facts: | The defendant was stopped for speeding in a work zone. The officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was very off balance. She refused to participate in field sobriety exercises and was arrested for DUI. She then refused the breath test. This was the defendant's Third DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation gathering evidence from the jail booking area which showed the defendant being tased for no reason, strapped into a chair, and thrown into a locked room. This corroborated her story that the officers were very aggressive towards her during the entire DUI investigation. We showed this to the State the before the trial date along with pictures of the defendant's injuries caused by being tased. | |
| Result: | On the morning of Jury Trial, the State dropped the DUI. | |
| May 16, 2012 | Case: 59-2011-MM-012626AXXX | Judge Schott |
| Facts: |
The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test. |
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| Defense: |
Parks & Braxton filed a motion to suppress the initial contact between the officer and the defendant. In our our motion, we alleged that the officer's initial use of her emergency lights constituted an unlawful seizure. |
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| Result: |
Based upon the motion, the State Dropped the DUI. |
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| May 16, 2012 | Case: 59-2011-MM-012626A | Judge Schott |
| Facts: | The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | Based upon the motion, the State Dropped the DUI. | |
| May 15, 2012 | Case: 05-2011-CT-050106-AXXX | Judge Baker |
| Facts: | The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| May 6, 2012 | Case: 7457-XEE | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, mush mouthed speech, and a blank "1000 yard" stare. The defendant stumbled and used the door for support. He performed poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .149 and .132 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 27, 2012 | Case: 2011-CT-036472AXXX | Judge Damico |
| Facts: | The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 19, 2012 | Case: 10-012936MM10A | Judge Solomon |
| Facts: | The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State Dropped the DUI. | |
| Apr 18, 2012 | Case: 48-2012-CT-001373-O | Judge Clark |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine. | |
| Result: | On the morning of trial the State Dropped the DUI. | |
| Apr 18, 2012 | Case: 05-2010-CT-053446AXXX | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 17, 2012 | Case: 10-004500MM10A | Judge Lerner-Wren |
| Facts: | The defendant was pulled over for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant exhibited slow and lethargic movements and could not seem to put the car in park. The defendant was asked to exit the car for purposes of a DUI investigation. The defendant stated over and over "I do not want to do this" and refused the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Apr 16, 2012 | Case: 7164-XEX | Judge Ortiz |
| Facts: | The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI. | |
| Apr 3, 2012 | Case: CT-7276-GWJ | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired on the video tape. | |
| Result: | The DUI was Dismissed. | |
| Apr 1, 2012 | Case: 0021-XBU (JURY TRIAL) | Judge Seraphin |
| Facts: | The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Mar 29, 2012 | Case: 2011-CT-6398-XBN | Judge Roberts |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that almost every observation that the officer made in his written reports were contradicted by the video tape. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: 2012-CT-004929AXXX | Judge Castor |
| Facts: | The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: 11-005676MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI. | |
| Result: | The State conceded the motion to suppress and dropped the DUI. | |
| Mar 28, 2012 | Case: CT-253597-X | Judge Dominguez |
| Facts: | The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions. | |
| Result: | The DUI was Dismissed. | |
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