| Aug 31, 2011 | Case: CT-008134-XEF | Judge Lefler |
| Facts: | The defendant was stopped for making a wide turn and not stopping for a green light. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. According to the officer, he failed the field soberiety tests and was arrested for DUI. After his arrest, he blew a .187 and .190 in the breath testing machine. | |
| Result: | The Judge Granted the motion and threw out the breath tests results. The State then Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Aug 31, 2011 | Case: 2011-CT-024827 | Judge Baker |
| Facts: | The defendant was stopped for having no tag lights. The officer observed an odor of alcohol, slurred speech, and he was unable to keep his balance. He refused to do the roadside tests and was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Aug 25, 2011 | Case: CT-005168XEP | Judge Greco |
| Facts: | The defendant was stopped for driving with no headlights. The officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. According to the officers, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .130 and .134 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 19, 2011 | Case: 2011-CT-010538AXXX | Judge Castor |
| Facts: | The defendant was stopped for speeding as he was driving over 100 miles per hour. The officer noticed an odor of alcohol. bloodshot eyes, and slurred speech. The defendant failed all the roadside tests. For example, he could not say the alphabet correctly. On the one leg stand, he lost his balance, almost fell, and put his foot down. He was arrested for DUI. | |
| Result: | The State then Dropped the DUI. | |
| Aug 17, 2011 | Case: CT-009560-XEW | Judge Mcneil |
| Facts: | The defendant was stopped for weaving and drifting. The officer noticed an odor of alcohol and slurred speech. According to the officer, he performed poorly on roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 11, 2011 | Case: 2010-MM-019600AXXX | Judge Bryson |
| Facts: | The defendant was stopped for striking a curb and weaving. The officer at the scene observed an odor of alcohol, slow and deliberate speech, and he admitted to having a few drinks. Due to various weight and medical issues, the defendant could not perform the one leg stand nor the walk and turn. He did, however, perform the finger to nose and alphabet. He was then arrested for DUI and resisting without violence as he allegedly pulled away while being cuffed. At the station, the other officer observed slurred speech and the defendant refused the breath test on video. There was no video tape at the scene. | |
| Result: | Prior to jury trial, the State Dropped the DUI and the defendant also received no conviction on the resisting without violence charge. | |
| Aug 11, 2011 | Case: CT-003462-XGA | Judge Jeske |
| Facts: | The defendant was stopped after making a quick lane change and almost striking a stopped vehicle. The officer observed an odor of alcohol and red bloodshot eyes. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Aug 8, 2011 | Case: 2011CT020187AXXX | Judge Mckibben |
| Facts: | The defendant was stopped for weaving as well as speeding (81mph/55mph zone). The officer observed an odor of alcohol, bloodshot eyes as well as slurred speech. The defendant performed several field sobriety tests. On the one leg stand the defendant dropped his foot down and counted improperly. On the walk and turn test the defendant stepped off the line and used his arms for balance. The defendant was arrested for DUI. | |
| Result: | On the morning of trial the State dropped all DUI charges. | |
| Aug 6, 2011 | Case: 10-011356MM10A | Judge Robinson |
| Facts: | The defendant was detained while driving through a DUI checkpoint. Upon making contact with the driver the officer observed an odor of alcohol, glassy/bloodshot eyes and slurred speech. A DUI officer was requested to complete the investigation. The defendant performed several field sobriety tests. On the one leg stand he placed his foot on the ground several times. On the walk and turn test he stumbled off the line. He was arrested for DUI. He subsequently blew a .147 in the breath machine. | |
| Result: | The motion was granted and the breath test was excluded from evidence. The State subsequently dropped the DUI. | |
| Aug 3, 2011 | Case: CT-008331-XEF | Judge Conrad |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed and odor of alcohol and watery/glassy eyes. According to the officer, she performed poorly on the field sobriety tests which were video taped. She was then arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 2, 2011 | Case: 08-0027943MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant initially ran a red light cutting off a police officer. The officer followed the defendant and observed him tailgating several vehicles and failing to maintain a single lane. The officer stopped the defendant and further observed an odor of alcohol, red watery eyes and a flushed face. The defendant performed the walk and turn and finger to nose test on video and was subsequently arrested for DUI. The defendant blew a .085 in the intoxilyzer. This was the defendant's 2nd DUI. | |
| Result: | After Jury Selection the State dropped the DUI. | |
| Jul 26, 2011 | Case: 11-502122-CT | Judge Hayward |
| Facts: | The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and red eyes. He was falling asleep as officers were talking to him. The officers suspected the defendant was impaired by a chemical and/or controlled subtance during their investigation, NOT alcohol. The defendant performed very poorly on roadside tests and was arrested for DUI. He then refused to give a urine test. | |
| Result: | The DUI was Dismissed. | |
| Jul 26, 2011 | Case: CT-008477-XEF | Judge Conrad |
| Facts: | The defendant was found by police sleeping in her car in a parking lot. The officers observed an odor of alcohol and glassy eyes. The defendant stated she had an unknown amount of drinks and was going to sleep it off. She performed very poorly on the roadside tests and was arrested for DUI. She then blew a .152 and .156 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 21, 2011 | Case: CT-009691-XEW | Judge Greco |
| Facts: | The police were called by a drive-thru owner at a fast food restaurant that the defendant appeared intoxicated. The police arrived and observed the defendant to have an odor of alcohol, red eyes, and slow/slurred speech. She was being non-compliant with the officer's commands and had difficulty exiting the vehicle. She refused the roadside tests, was arrested for DUI, and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jul 20, 2011 | Case: CT-0000198-XEX | Judge McNeil |
| Facts: | The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, bloodshot eyes, and she appeared confused and slow in her movements. She admitted to drinking at a bar and appeared very unstable on her feet. She refused the field sobriety tests, was arrested for DUI, and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jul 20, 2011 | Case: 10-002171MM10A | Judge Murphy |
| Facts: | The defendant was stopped for weaving at least four times over a two block distance. The officer observed an odor of alcohol, bloodshot eyes, flushed face and extremely slurred speech. Upon exiting, the defendant was completely unsteady and staggering from side to side. The defendant performed and allegedly failed the HGN (eye test), one leg stand as well as the walk and turn test. The defendant was arrested and blew a .170 in the breath machine. | |
| Result: | On the morning of the hearing the Prosecutor conceded the motion and dropped the DUI. | |
| Jul 18, 2011 | Case: 2009-CT-017756-O | Judge Miller |
| Facts: | The defendant was stopped for speeding. The officer noticed slow speech and an odor of alcohol. She admitted to drinking and then performed poorly on the roadside tests. After her arrest for DUI, she blew a .173 and a .181. | |
| Result: | The DUI was Dismissed. | |
| Jul 13, 2011 | Case: 10-010491MM10A | Judge Diaz |
| Facts: | The defendant was stopped for driving on the wrong side of the road towards oncoming traffic. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The initial officer then called for a DUI Task Force officer to conduct an investigation. The defendant performed several field sobriety tests on video. Each sobriety test indicated that the defendant was impaired by alcohol. The defendant was then arrested for DUI. Subsequently, the defendant blew a .126 in the breath machine. This was the defendant's Third DUI offense. | |
| Result: | The State agreed with the motion and Dropped the DUI. | |
| Jul 13, 2011 | Case: 2010-CT-002538-O | Judge Bell |
| Facts: | The defendant was stopped for failure to maintain a single lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. The defendant then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jul 13, 2011 | Case: 2010-CT-001331-O | Judge Adams |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, and the defendant admitted drinking 4 beers. He performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
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