| Sep 30, 2009 | Case: 08-019477MM10A | Judge Robinson |
| Facts: | The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on the walk and turn, the defendant stepped off the line and used her arms for balance. On the one leg stand, the defendant put her foot down and used her arms for balance. After her arrest for DUI, she refused the breath test. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
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OUR RECENT CRIMINAL DEFENSE VICTORIES
| Sep 25, 2009 | Case: 08-019226CF10A | Judge Levenson |
| Facts: | The defendant was involved in a front end crash with a tree. An off duty officer ran outside and noticed the defendant behind the wheel with the engine running. He observed signs of intoxication and advised the defendant to remain in his vehicle while the officer retrieved his police radio from his house. The defendant (who lived 5 houses from the officer) left the scene and went home. After getting permission from the defendant's wife to enter the residence, the officers found the defendant buried under his clothing in his closet refusing to get out. Eventually, the defendant was taken outside of the house and he refused all testing. This was a 4TH DUI (felony). | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2009 | Case: CT-6801-XAM | Judge Courtney |
| Facts: | The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped. | |
| Result: | Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI. | |
| Sep 23, 2009 | Case: CT-1093-XCM | Judge Courtney |
| Facts: | The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. 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. | |
| Sep 15, 2009 | Case: CT-2259-XDY | Judge Conrad |
| Facts: | The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 14, 2009 | Case: 7794-XEJ (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Sep 12, 2009 | Case: 2009-CT-19218 | Judge Drake |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 9, 2009 | Case: CT-0531-XCM | Judge Courtney |
| Facts: | The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 7, 2009 | Case: 09-CT-391 | Judge Burgess |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 6, 2009 | Case: 48-2007-CT-1332A | Judge Clark |
| Facts: | The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine. | |
| Result: | On the morning of trial, the DUI was Dismissed. | |
| Sep 6, 2009 | Case: 08-14310MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer. | |
| Result: | The motion was granted. All of the evidence was thrown out. | |
| Sep 3, 2009 | Case: 1588-XED | Judge Seraphin |
| Facts: | The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Sep 2, 2009 | Case: 8662-XCM | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI. | |
| Result: | On the morning of trial, the DUI was dismissed. | |
| Sep 1, 2009 | Case: 07-019193MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 1, 2009 | Case: 2008CT026134AXX | Judge Keyser |
| Facts: | The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI. | |
| Result: | After the State read the deposition of the officer and the motion, the DUI was dismissed. | |
| Aug 24, 2009 | Case: 2009-CT-006143AXXX | Judge Derke |
| Facts: | The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Aug 19, 2009 | Case: CT-3325-XCO | Judge McNeil |
| Facts: | The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI. | |
| Result: | The State Dropped the DUI. | |
| Aug 17, 2009 | Case: 9374-XEC | Judge Fernandez |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI on the morning of trial. | |
| Aug 6, 2009 | Case: 341771-W | Judge Fernandez |
| Facts: | The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Aug 6, 2009 | Case: 6997-XDG | Judge Fernandez |
| Facts: | The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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